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Article • June 15, 2006 • from PLN June, 2006
$40,000 Default Judgment Reversed for Determination of Service of Process Validity by In a case of unusual circumstances, the Seventh Circuit Court of Appeals has reversed a default judgment of $40,000 in favor of a prisoner against a prison nurse for failure to serve process, but ordered the district court …
$20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges by The First Circuit Court of Appeals has upheld a jurys award of $20,500 to a pretrial detainee in a civil rights action, alleging denial of due process from the filing of false disciplinary charges. Jason Surprenant was a pretrial …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Sanctions, Visiting
Michigan DOCs Visitation Ban for Substance Abuse Upheld by Michigan DOCs Visitation Ban for Substance Abuse Upheld The Sixth Circuit Court of Appeals has held that a Michigan federal district court erred in refusing to dissolve its injunction ordering the Michigan Department of Corrections (MDOC) visitation limitations violated the due …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
GEO Buys CSC After Settling $38.8 Million Judgment in Texas Boot Camp Death by Correctional Services Corporation (CSC) has settled a $38 million judgment that held the company responsible for the 2000 death of Bryan Dale Alexander, an 18 year old prisoner at a Texas boot camp. The terms are …
Article • June 15, 2006 • from PLN June, 2006
Washington DOC Pays Again for Flaunting Open Records Law by The Washington Department of Corrections (WDOC) has agreed to pay $65,000 to a state employee who claimed prison officials rejected his attorney’s request for electronic records, instead insisting on providing 38,000 pages of expensive hard copies that would have cost …
Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Article • June 15, 2006 • from PLN June, 2006
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable by John E Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
PLRA Does Not Apply to Released Prisoner by In remanding for further proceedings, the Tenth Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to persons not imprisoned when the suit is filed. Before the Tenth Circuit was the …
Article • June 15, 2006 • from PLN June, 2006
Qualified Immunity Denied in Illinois Jail Rape Case by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity for failing to protect a pretrial detainee from being raped by his cellmate. In 1999, David Velez was confined in the Milwaukee County, Wisconsin Jail. In late August, Velez …
Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor by The Alabama Supreme Court denied class certification and sidestepped ruling on the merits of a prisoners claim that prison officials illegally contracted out his labor to a private company. Before the Court was the appeal of prisoner Darrell …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Article • June 15, 2006 • from PLN June, 2006
Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners by As of April 10, 2006, the fee for filing civil complaints in U.S. District Courts, or having state cases removed to federal court, increased from $250 to $350. Note that this increase applies to lawsuits and …
Article • June 15, 2006 • from PLN June, 2006
Florida Muslim's Forced Shave Challenge Remanded by David Reutter Florida Muslim's Forced Shave Challenge Remanded by David Reutter Floridas First District Court of Appeal has reversed a circuit courts order denying a petition seeking to declare the Florida Department of Corrections (FDOC) shave policy unconstitutional when applied to Muslims. Prisoner …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
Brief • June 9, 2006
Filed under: Damages
Diaz v. Romita, MI, Verdict From Beating Case, 2006 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 1 of 6 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 2 of 6 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 3 of 6 Case 2:05-cv-70928-VAR-DAS Document 43 Filed 06/09/2006 Page 4 of 6 Case …
Limited Scope Compliance Evaluation, Illinois Youth Center Kewanee, 2006
Article • May 15, 2006 • from PLN May, 2006
PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated by The Eighth Circuit Court of Appeals has upheld an Iowa District Courts order denying a plaintiff in forma pauperis status, but reversed its order dismissing the 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. Proceeding …
Native American California Prisoner Entitled to Religious Exception from Prison Hair Grooming Policy by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals, applying the Religious Land Use and Institutionalized Person Act (RLUIPA) (42 U.S.C. § 2000cc, et seq.), held that the blanket three-inch hair length …
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