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Article • January 15, 2007 • from PLN January, 2007
Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree by John Dannenberg by John E. Dannenberg The class of all Cook County, Illinois parole violators was granted a preliminary injunction by the U.S. District Court, Northern District, Eastern Division, ordering the Illinois Department of Corrections (IDOC) to conduct …
PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim by PLRA's Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim A Michigan federal district court has held that the Prison Litigation Reform Act?s (PLRA) prohibition of mental or emotional damages without physical injury …
Article • January 15, 2007 • from PLN January, 2007
Mississippi Beating Suit Nets $348,960 — Upheld on Appeal by Mississippi Beating Suit Nets $348,960 -- Upheld on Appeal The Fifth Circuit Court of Appeals has upheld a Mississippi district court's award of damages after a bench trial. The civil rights action was brought by Mississippi prisoner Stephen Michael Combs …
Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction by The Supreme Court of Texas held that a plaintiff?s filing non-suit while an appeal was pending deprived the court of appeals of jurisdiction and any authority to enter an order, holding or opinion. Darla Blackmon, a Texas state prisoner, died …
Article • December 15, 2006 • from PLN December, 2006
Ninth Circuit: Total Exhaustion-Dismissal Rule Not Required Under PLRA by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoners 42 U.S.C. § 1983 suit against prison officials should not be summarily dismissed under the Prison Litigation Reform Act (PLRA) 42 U.S.C. § …
Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams The United States Court of Appeals for the Seventh Circuit vacated the dismissal of a prisoners amended complaint, finding prior exhaustion putting the state …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Article • December 15, 2006
Failure to Treat Rectal Cyst For 30 Months States Claim by The plaintiff had a cyst near his rectum. One doctor refused to examine him despite his complaints of pain. A second doctor said the cyst needed to be "lanced out" but did not do anything except provide medication for …
Article • December 15, 2006 • from PLN December, 2006
New York Prisoner Wins Brutality Suit, Loses Award to Son-of-Sam Law by A New York prisoner won $15,000 in a suit over having been beaten by prison guards only to have a jury return a $42 million adverse verdict under New Yorks Son-of-Sam law. Abdul Majid, 57, a New York …
Court Invalidates BOP Prisoners' UCC Liens Against Judges and Officials by A Virginia federal district court has entered a permanent injunction against two federal prisoners who filed liens under the Uniform Commercial Code (UCC) against judges and prison officials. The United States government brought this action against Lorenzo Grade Martin …
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The …
$225,000 Settlement for Female Colorado Prisoner Raped By Guard by In August 2005, Penifer Salinas, a female Colorado Department of Correction (CDOC) prisoner at Denver Womens Correctional Facility (DWCF) entered into a proposed $225,000 settlement with the State of Colorado. The settlement was a result of a Federal civil rights …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by John Dannenberg by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a …
Article • November 15, 2006 • from PLN November, 2006
$1,156,149 Awarded to Former Federal Prisoner for Failure to Diagnose and Treat Throat Cancer by The U.S. District Court for the Eastern District of New York on September 6, 2005, awarded $1,156,149 to former Bureau of Prisons (BOP) prisoner Hernando Lopez for failure to diagnose and treat throat cancer over …
Article • November 15, 2006 • from PLN November, 2006
$6,280,000 Settlement For Illegal California Juvenile Hall Strip Searches by John Dannenberg by John E. Dannenberg On July 10, 2006, the County of Sacramento, California agreed to pay $6,280,000 to the class of juvenile hall detainees who were illegally strip-searched between January 1, 1998 and October 1, 2004 at the …
Article • November 15, 2006 • from PLN November, 2006
Federal Prisoner Awarded $150.00 For Food Poisoning by Michael Rigby On February 17, 2006, the U.S. District Court for the Middle district of Florida awarded $150.00 to a federal prisoner who contracted food poisoning while imprisoned at FCC Coleman-Low. On April 23, 2002, prisoners eating breakfast in the chow hall …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
New Yorks Son of Sam Law Constitutional, Damages Seized by New York's Son of Sam Law Constitutional, Damages Seized The New York Supreme Court, Appellate Division, has held that the state's Son of Sam law, which allows a victim to seek restitution from crime perpetrators, is constitutional. Ibn Kenyatta was …
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Article • October 15, 2006 • from PLN October, 2006
Habeas Hints by Kent A. Russell by Kent Russell This column is intended to provide habeas hints to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under AEDPA, the 1996 habeas corpus law …
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