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Guantanamo: Nine Months after the Supreme Court Victory, the Island Remains a Prison Beyond the Law. by Rachel Meeropol By Rachel Meeropol Consider the situation of Moazzam Begg. He is a 35 year old man with dual British and Pakistani citizenship. In early 2002, he was seized from his apartment …
Article • June 15, 2005 • from PLN June, 2005
$195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners by A federal court in New York awarded a former prisoner $179,900 in attorney's fees and costs, against the prison guard who sexually assaulted her. The court concluded that the fee cap provisions …
Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense by The Eighth Circuit Court of Appeals has held that prison officials are not entitled to qualified immunity in a civil rights action filed by three prisoners at South Dakota's Mike Durfee State Prison. The prisoners alleged that prison officials …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA by by John E Dannenberg An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Sentencing, Parole
Overdue California Lifer Entitled To Immediate Parole Release After Prevailing At Rescission Hearing by John Dannenberg by John E. Dannenberg The Marin County, California Superior Court ruled that a lifer who was twelve years overdue for release when he was finally granted parole, but who was then referred back to …
California Jail Suicide Lawsuit Settled For $840,000; Contract Health Care Inadequate by A three year old federal wrongful death lawsuit brought by the family of a Yolo County, California jail detainee who hanged himself was settled for $840,000 on September 1, 2004. Contract health care provider California Forensic Medical Group, …
Article • June 15, 2005 • from PLN June, 2005
Recharacterization Requires Notice Or Opportunity To Withdraw by The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice. Eric Martin, a Michigan state …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Work, Prison Industries
Noncompliance With South Carolina Prevailing Wage Statute Grievable by by Michael Rigby The South Carolina Supreme Court upheld the decisions of two circuit courts regarding the application of South Carolina's Prevailing Wage statute to prisoners. South Carolina's prevailing wage statute, S.C. Code Ann. 24-3-40, -410, -430 (Supp. 2002), requires the …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Medical, Pain
Eighth Circuit Reverses Summary Judgment Against Pretrial Detainee's Dental Claim by Robert Woodman by Robert H. Woodman The U.S. Eighth Circuit Court of Appeals reversed a grant of summary judgment by the U.S. District Court for the Southern District of Iowa in a complaint filed by a pretrial detainee alleging …
Article • June 15, 2005 • from PLN June, 2005
Guard Sues Over Smoke Grenade Injury by The U.S. Court of Appeals for the 8th Circuit reversed a lower court's grant of summary judgment against a prison guard who was injured by a smoke grenade. On June 2, 1998, Timothy Gamradt, a Bureau of Prisons (BOP) guard, was hurt during …
Brief • June 13, 2005
Huss v Spokane - Wa Jail Fee - Complaint 2006 Case 2:05-cv-00180-FVS Document 1-1 Filed 06/13/2005 CV-05-180-FVS Case 2:05-cv-00180-FVS Document 1-1 Filed 06/13/2005 Case 2:05-cv-00180-FVS Document 1-1 Filed 06/13/2005 Case 2:05-cv-00180-FVS Document 1-1 Filed 06/13/2005 Case 2:05-cv-00180-FVS Document 1-1 Filed 06/13/2005 Case 2:05-cv-00180-FVS Document 1-1 Filed 06/13/2005 Case 2:05-cv-00180-FVS Document …
Brief • June 9, 2005
Coleman v. Schwarzenegger, Order, Ca, Suicides, 2005 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RALPH COLEMAN, et al., Plaintiffs, 11 12 13 No. CIV S-90-0520 LKK JFM P vs. ARNOLD SCHWARZENEGGER, et al., 14 Defendants. …
Brief • June 7, 2005
Devereux v Pierce County Wa Notice of Claim Medical Negligence Death 2006 LAW OFFICES OF MONTE E. HESTER, INC., P.S. 1008 SOUTH YAKIMA AVENUE. SUITE 302 TACOMA. WASHINGTON 98405 MONTE E. HESTER WAYNE C. FRICKE (253) 272-i157 8RETI A. PURTZER FAX (253) 572-1441 lANCE M. HESTER WWN.montehester .com NOTICE OF …
Brief • June 6, 2005
Lee v Dc Release Prisoner Stabbing 2005 RELEASE KNOW ALL MEN 8Y THESE PRESENTS, That I, David Lee, with Social Security Number residing at 3201 LaDova Way, Springdale, MD, 20774. for consideration ofthe sum of _ Twelve Thousal1d, Five Hundred ($12,500.00) Dollars, lawful money ofthe United States, the receipt whereof …
Case • 2005
Perez-Olivo v. Chavez - 394 F3d. 45 (1st Cir. 2005) - 2005 Perez-Olivo v. Chavez, 394 F.3d 45 (1st Cir. 01/07/2005) [1] United States Court of Appeals For the First Circuit [2] No. 04-1486 [3] 394 F.3d 45, 2005 [4] January 7, 2005; as amended February 3, 2005 [5] JIMMY …
Case • 2005
O'Donald v. Johns - 2005 U.S. App. Lexis 4618 (3rd Cir. 2005) - 2005 402 F.3d 172 United States Court of Appeals, Third Circuit. David O'DONALD, Appellant v. Tracy JOHNS, Warden. No. 04-2990. Submitted Under Third Circuit L.A.R. 34.1(a)March 3, 2005. March 22, 2005. Background: Federal prisoner sought writ of …
Case • 2005
United States v. Booker - 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005) - 2005 United States v. Booker, 125 S.Ct. 738 (U.S. 01/12/2005) [1] SUPREME COURT OF THE UNITED STATES [2] Nos. 04-104 and 04-105 [3] 125 S.Ct. 738, 2005 Daily Journal D.A.R. 410, 73 USLW 4056, …
Case • 2005
Prison Legal News v. Lehman - 397 F.3d 692 (9th Cir. 2005) - 2005 Prison Legal News v. Lehman, 397 F.3d 692 (9th Cir. 02/01/2005) [1] UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [2] Nos. 03-35608 & 04-35185 [3] 397 F.3d 692, 33 Media L. Rep. 1310, 2005 …
Case • 2005
Panaro v. City of North Las Vegas - 432 F.3d 949 (9th Cir. 2005) - 2005 ROBERT JOSEPH PANARO, Plaintiff-Appellant, v. THE CITY OF NORTH LAS VEGAS, a political subdivision; NORTH LAS VEGAS DETENTION CENTER; KEN ELLINGSON, individually and in his official capacity as Director of the North Las Vegas …
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