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Prisoner Rape Is Torture by Stop Prisoner Rape The U.S. has arrived at a critical moment of truth in addressing the sexual violence that plagues its prisons and jails. The failure of Departments of Corrections nationwide to prevent sexual abuse behind bars and to adequately respond to those who have …
Transgender Wisconsin Prisoners Continue Hormone Treatment Despite Law by Michael Rigby On January 25, 2006, a federal court in Wisconsin issued an emergency injunction to prevent the state from discontinuing hormone therapy for three transgender prisoners, despite a new state law banning the therapy. In January 2006 the Wisconsin legislature …
Article • August 15, 2006 • from PLN August, 2006
Ohio Awards $662,000 to Man Wrongly Imprisoned for Rape by The State of Ohio has agreed to pay Nathaniel Lewis, 28, $662,000 for the five years he spent in prison before his conviction was overturned by a federal appeals court in 2002. While a freshman at the University of Akron …
Survivors of Texas Jail Suicidee Win $516,000 Against Phone Provider by Matthew T. Clarke The mother and son of a prisoner who committed suicide by hanging himself from a telephone in his jail cell won a lawsuit against the phone provider. On appeal, the award was upheld, but some of …
Article • August 15, 2006 • from PLN August, 2006
Tolling Provision Appeals to NY Personal Injury Action by The New York Court Of Appeals held that the year-and-90-day period contained in General Municipal Law § 50-; is a statute of limitations (to which the tolling provision of CPLR § 205[a] applies) rather than a condition precedent to suit. On …
Article • August 15, 2006 • from PLN August, 2006
No Qualified Immunity for Failure to Perform Timely Liver Biopsy by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed a ruling by the U.S. District Court (N.D. Cal.) that the failure of a prison health care manager to provide a Hepatitis-C positive (HCV+) …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Federal Judge Strikes Down Iowa Prisons Faith-Based Rehabilitation Program by Michael Rigby Federal Judge Strikes Down Iowa Prisons Faith-Based Rehabilitation Program by Michael Rigby A federal judge in Iowa has ruled that the states partial funding of a Christian rehabilitation program is unconstitutional. In a 140-page opinion issued on June …
Article • July 15, 2006 • from PLN July, 2006
Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals by Bob Williams Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals by Bob Williams In a case of first impression, the United States Court of Appeals for the Second Circuit has held that the fee cap …
Article • July 15, 2006 • from PLN July, 2006
Settlement Permits Free and Gift Publications to Connecticut Prisoners by Prisoners in the Connecticut Department of Corrections (CDOC) can now receive free and gift publications that were previously banned under Administrative Directive 10.7, according to the terms of a March 18, 2004, settlement agreement. A.D. 10.7 prohibited prisoners from receiving …
Article • July 15, 2006 • from PLN July, 2006
Texas Prison Slaves No Savings for Direct Marketing Firm; Data Mining Results in $ 15 Million Settle by Michael Rigby Texas Prison Slaves No Savings for Direct Marketing Firm; Data Mining Results in $ 15 Million Settlement Fund by Michael Rigby A class action lawsuit involving thousands of women who …
Article • July 15, 2006 • from PLN July, 2006
New York Prisoner Awarded $4,000 For Assault by On May 23, 2005, a New York court of claims awarded $4,000 to a state prisoner who suffered a head injury when another prisoner attacked him. While imprisoned by the State Department of Correctional Services in Elmira, New York, William Crenshaw was …
Forced Masturbation States Privacy Claim by The Eleventh Circuit Court of Appeals has remanded for further proceedings a prisoners civil rights complaint that alleged he was forced to strip and masturbate by a female guard, and was then retaliated against for reporting her nefarious activities. Boxer X, a prisoner at …
Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Award by In a 6-3 decision, the Washington Supreme Court reaffirmed its earlier holdings that the state may be held liable for negligent supervision of offenders. However, the court vacated a $22.4 million verdict resulting from a 2000 …
Article • July 15, 2006 • from PLN July, 2006
South Carolina Jury Awards $28.5 Million For Diabetic Jail Prisoners Death by South Carolina Jury Awards $28.5 Million For Diabetic Jail Prisoners Death A South Carolina jury has awarded $28.5 million to the family of a mentally ill diabetic man who died from insulin deficiency while imprisoned at the Sumter …
Seventh Circuit Reinstates $100,000 Award In Indiana Failure-To-Protect Suit by Michael Rigby The U.S. Seventh Circuit Court of Appeals has reinstated a prisoners $100,000 award against two Indiana prison employees, overturning a district courts reversal of the jury verdict. On September 9, 1998, Robert Pierson, 51, was attacked by fellow …
Article • July 15, 2006 • from PLN July, 2006
Filed under: Organizing, Voting, Injunctions
Washington Ex-Cons Cant Be Denied Voting Rights Because of Unpaid LFOs by Washington Ex-Cons Cant Be Denied Voting Rights Because of Unpaid LFOs On March 27, 2006, Judge Michael Spearman, of the Superior Court of King County, Washington held that withholding voting rights from released felons, solely because they owe …
Article • July 15, 2006 • from PLN July, 2006
$232,700 in Attorney Fees Awarded In Colorado Censorship Settlement by Bob Williams The United States District Court for the District of Colorado on April 26, 2005, awarded $232,700 in fees and costs after a Settlement Agreement was reached over the rejection of numerous magazines and books by the Colorado Department …
Brief • June 26, 2006
Prison Legal News v Lappin, DC, Verdict, BOP public records, 2006 Page 1 Cited As of: Jan 04, 2007 PRISON LEGAL NEWS, Plaintiff, v. HARLEY G. LAPPIN, DIRECTOR, FEDERAL BUREAU OF PRISONS, Defendant. Civil Action No. 05-1812 (RBW) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 436 F. Supp. …
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