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Wyoming Federal Court Awards Attorney $18,000 for Compliance Monitoring by Michael Rigby On March 9, 2006, the U.S. District Court for the District of Wyoming awarded $16,200.50 in enhanced fees plus $2,105.28 in costs to an attorney for time spent monitoring compliance with remedial measures at the Carbon County (Wyoming) …
Hawaii Juvenile Gay Bashing Enjoined by A federal court in Hawaii issued a preliminary injunction, prohibiting harassment, abuse, discrimination and isolation of juvenile detainees who are, or are perceived to be, lesbian, gay, bisexual and/or transgender (LGBT). The Hawaii Youth Correctional Facility (HYCF) is a secure juvenile detention facility ?existing …
Article • March 15, 2007 • from PLN March, 2007
New York HCV Treatment Suit Not Mooted by Equivocal DOC Concession; Class Certification Granted by John Dannenberg by John E. Dannenberg The United States District Court (N.D. N.Y.) rejected the New York Department of Corrections' (NYDOC) attempt to moot a class action claim filed by HCV (Hepatitis-C) infected prisoners who …
Article • March 15, 2007 • from PLN March, 2007
Appeals Court Reverses Summary Judgment of Washington Phone Suit by A Washington appeals court has overturned a lower court's grant of summary judgment to telephone companies in a lawsuit alleging they failed to disclose rates to recipients of prisoner-initiated phone calls as required by state law. In 2000, Sandy Judd, …
Article • February 15, 2007 • from PLN February, 2007
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
Article • February 15, 2007 • from PLN February, 2007
California Governor Vetoes Open Records, Prisoner Condoms and Media Access Bills by John Dannenberg by John E. Dannenberg On September 29, 2006, Governor Arnold Schwarzenegger vetoed legislative bills that would have permitted better access to public records, condoms in state prisons as well as media access to specified prisoners. The …
Article • February 15, 2007 • from PLN February, 2007
$2.5 Million Settlement for Illegal Strip Searches in Connecticut Jail by The State of Connecticut has entered into a settlement agreement that will cost it $2.5 million for a correctional policy of strip searching all detainees regardless of their charges. The settlement comes in a class action filed in a …
New Jersey Sex Offenders Must Be Protected and Segregated During Transports by A New Jersey federal district court has issued a preliminary injunction requiring prison officials at the Adult Diagnostic and Treatment Center in Avenel, New Jersey (ADTC) to protect and segregate ADTC prisoners when transporting them to medical appointments …
Article • February 15, 2007 • from PLN February, 2007
Illinois Jail’s Strip Search Policy Unconstitutional by Michael Rigby Illinois Jail's Strip Search Policy Unconstitutional by Michael Rigby On December 16, 2005, a federal district judge ruled that the Will County, Illinois jail routinely violated prisoners' Fourth Amendment rights by subjecting them to a blanket strip search policy, paving the …
Article • February 15, 2007 • from PLN February, 2007
Sixth Circuit Extends Abela Ruling to Parole Denial Habeas Petitions by The Sixth Circuit Court of Appeals has held that the 90-day period to apply for certiorari review to the U.S. Supreme Court tolls the one-year statute of limitations for habeas corpus actions challenging parole denial. In so holding, the …
Article • February 15, 2007 • from PLN February, 2007
Garnishment of Ohio Prisoner’s Account Permitted to Pay Court Costs by Garnishment of Ohio Prisoner's Account Permitted to Pay Court Costs The Ohio Supreme Court has held that the state may collect court costs from an indigent criminal defendant, including collection from a prisoner's account. Before the Court was the …
Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a Colorado state prisoner?s administrative segregation (Ad Seg) conditions of confinement claims which were dismissed as frivolous by the United States District Court for the District of …
Washington Women’s Prison Healthcare Violations Continue by Washington Women?s Prison Healthcare Violations Continue As we've reported extensively, health care at the Washington Corrections Center for Women (WCCW), has been woefully inadequate for decades. Reform efforts have been underway since 1993, but the more things change, the more they stay the …
Article • January 15, 2007 • from PLN January, 2007
Washington Prisoners Must Pre-Pay for Record Inspection by The Washington Court of Appeals has affirmed a lower court?s refusal to require the Washington Department of Corrections (WDOC) to allow prisoners to inspect records without pre-payment of copy and postage expenses. WDOC Policy No. 280.510 grants prisoners a right of access …
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 …
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