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Article • April 15, 2007 • from PLN April, 2007
Maryland’s Public Information Act Exempt from Administrative Exhaustion Requirements by Maryland's Public Information Act Exempt from Administrative Exhaustion Requirements The Maryland Court of Appeals has held that a prisoner is not required to exhaust administrative remedies to bring an action under the Public Information Act. Before the Court was a …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
BOP Mail Rule Banning Internet Downloads and Soft Cover Publications Not Sent by Publisher Held Unconstitutional by John Dannenberg by John E. Dannenberg On October 26, 2006, in an unpublished order, the U.S. District Court (D. Colo.) held that 28 C.F.R. § 540.71(a)(2), which restricts Bureau of Prisons (BOP) prisoners …
Article • April 15, 2007 • from PLN April, 2007
Marin County, California Settles Wrongful Jail Death For $1 Million by John Dannenberg by John E. Dannenberg Marin County, California settled with the surviving family of a man who died after being hog-tied upon his arrest by Marin County Sheriff deputies. Cary Grime was a pedestrian at 2 a.m. in …
Oklahoma Orthodox Jewish Prisoners Win Kosher Diet by John Dannenberg by John E. Dannenberg Three Orthodox Jewish state prisoners won both preliminary and permanent injunctive relief requiring the Oklahoma Department of Corrections (ODOC) to provide them a Kosher diet at no personal cost. Prisoners Dennis Fulbright, Jon Cottriel and Jerry …
Article • April 15, 2007 • from PLN April, 2007
California State Prisoner Wins $21,800 for 250 Days Excess Incarceration by On July 5, 2006, a jury awarded $21,800 to a California state prisoner after the California Department of Corrections and Rehabilitation (CDCR) miscalculated his good time/work time credits on his twelve year sentence. Jorge Gallegos, a Mexican national, was …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Article • April 15, 2007 • from PLN April, 2007
Sensitive Illinois DOC Personnel Records Compromised by The Illinois Department of Corrections (IDOC) recently mishandled personnel information on ?virtually all? of its 13,500 employees. Additionally, the Department of Transportation lost data on 40 of its employees. An angry public employees? union demanded to know when the breach occurred, what had …
Article • April 15, 2007 • from PLN April, 2007
Los Angeles County Sheriff Immune from Suit on Jail Housing Policies by John Dannenberg by John E. Dannenberg The California Court of Appeal held that the Los Angeles (L.A.) County Sheriff was immune from suit under 42 U.S.C. § 1983 for injuries suffered by a prisoner who claimed his suffering …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Article • April 15, 2007 • from PLN April, 2007
California DOC Stipulates to Providing Comprehensive Dental Care Program by John Dannenberg by John E. Dannenberg In settlement of a federal class action lawsuit on December 15, 2005, the California Department of Corrections and Rehabilitation (CDCR) agreed to provide dental care for all prisoners as set forth in a new …
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
Doe v. CCA, DC, Protective Order, Confidential Information Discoverable, 2007 - -- - - --... -~'---- ._-- ----- Case 1:06-cv-02203-ESH Document 28 Filed 04/10/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) JANE DOE …
Brief • March 29, 2007
Filed under: Discovery, Depositions
Centinela v. Bacardi & Co, DDC, Opinion, Discussion of Motion to Acquire Defendent's Documents, 2007 Case 1:04-cv-02201-RCL Document 32 Filed 03/29/07 Page 1 of 28 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. …
Brief • March 29, 2007
Filed under: Summary Judgment, Discovery
Centinela v. Bacardi & Co, DDC, Opinion , Granting Summary Judgement Case 1:04-cv-02201-RCL Document 30 Filed 03/29/07 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. ) ) ____________________________________) TEQUILA …
Joe Arpaio: America’s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe Arpaio: America?s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe M. Arpaio, the head lawman over Maricopa County, Arizona, bills himself as "America's Toughest Sheriff." While "toughest" may be subject to debate (literally -- in September, 2006 …
Hawaii Settles DOJ Suit Over Unconstitutional Juvenile Facility by The State of Hawaii settled a suit brought by the United States government, resolving a suit over unconstitutional conditions of confinement at the Hawaii Youth Corrections Facility (HYCF) in Kailua, Hawaii. On August 16, 2004, the United States Department of Justice …
Article • March 15, 2007 • from PLN March, 2007
Filed under: Civil Procedure, Juries
Cunningham v. California: Who’s Covered and Who’s Not? by Kent A. Russell Cunningham v. California: Who's Covered and Who's Not? by Kent Russell On January 22, 2007, the U.S. Supreme Court decided Cunningham v. California, __ S.Ct. __, 2007 WL 135687 (No. 05-6551), holding that California?s determinate sentencing law, which …
Grievances Must Identify Defendants Later Sued by The Sixth Circuit Court of Appeals has affirmed in part and reversed in part an Ohio federal district court?s dismissal of a prisoner?s complaint for failure to comply with the exhaustion requirement of the Prison Litigation Reform Act (PLRA). Christopher Bell, a prisoner …
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