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Article • October 15, 2006 • from PLN October, 2006
No Qualified Immunity for Arkansas Detainees Miscarriage by No Qualified Immunity for Arkansas Detainee's Miscarriage The Eighth Circuit Court of Appeals affirmed a lower court's denial of qualified immunity to jail officials who denied medical care to a female detainee, causing a miscarriage of her 4-5 month old fetus. Talisa …
PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge by John E Dannenberg by John E. Dannenberg The United States District Court (D.D.C.) granted PLNs motion for summary judgment and ordered the U.S. Bureau of Prisons (BOP) to provide investigative material requested by PLN under …
Article • September 15, 2006 • from PLN September, 2006
Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal by Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal The Seventh Circuit Court of Appeals reversed a district court's dismissal of a civil committees failure to protect and …
Article • September 15, 2006 • from PLN September, 2006
Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits by The Oklahoma Legislature has enacted a law that prohibits former prisoners from bringing a civil action unless the prisoner has exhausted all administrative remedies. To PLNs knowledge, this is the first law of its kind. The legislation, which was signed …
$500,000 CCA Escape/Hostage Damage Award Upheld by The Tennessee State Court of Appeals upheld a $500,000 compensatory damage award against Corrections Corporation of America (CCA), to a woman who was taken hostage by an escaped CCA prisoner. Mike Settle was a prisoner at Hardeman County Correctional Facility (HCCF), a CCA …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E Dannenberg Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E. Dannenberg The U.S. Supreme Court held that the Pennsylvania Department of Corrections (PDOC) policy of banning its …
CSC Alien Abuse Class Action Settled for $2.5 Million by On August 10, 2005, a federal court in New Jersey approved a settlement in Brown v. Esmor Correctional Services Inc., USDC No. 98-1282 (DNJ). Esmor Correctional Services Inc. (Esmor) later known as Correctional Services Corporation (CSC), agreed to pay the …
Article • September 15, 2006 • from PLN September, 2006
Assistant U.S. Attorneys Ordered to Pay Prisoner $500 For Misconduct by Michael Rigby On April 6, 2005, a judge in the U.S. District Court for the Western District of Texas levied a $500 sanction award against two Assistant U.S. Attorneys for their unethical, unprofessional, and dishonest conduct in a prisoner …
Nevada Summary Judgment for Non-Exhaustion Reversed by The Nevada Supreme Court reversed a lower court's grant of summary judgment on a former prisoner's suit for failing to exhaust administrative remedies. Nevada Department of Corrections (NDOC) prisoner George Simmons was brutally beaten by another prisoner on April 14, 1997. He sustained …
Article • September 15, 2006 • from PLN September, 2006
New York Strip-Search Suit Settled for $1.7 Million by A federal class action suit, challenging a New York jail's blanket misdemeanor strip-search policy has been settled for $1,783,670.20. Timothy Maneely brought suit in federal court, challenging the City of Newburgh, New York policy of strip searching all arrestees without reasonable …
Article • September 15, 2006 • from PLN September, 2006
Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim by A federal court in South Carolina found that prison officials were deliberately indifferent to an asthmatic prisoner's medical condition by exposing him to environmental tobacco smoke (ETS), from February 1999 to November, 2001. The court awarded $3,200, or $100 a …
Brief • September 13, 2006
Prison Legal News v Lappin, DC, Stip and Order - Atty Fees, BOP public records, 2006 Case 1:05-cv-01812-RBW Document 26 Filed 09/13/2006 Page 1 of 2 Case 1:05-cv-01812-RBW Document 26 Filed 09/13/2006 Page 2 of 2
U.S. v. Schultz, CO, Order, Guard Misconduct, 2006 Case 1:00-cr-00481-WYD Document 1679 Filed 08/24/06 USDC Colorado Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Action No. 00-CR-00481-WYD UNITED STATES OF AMERICA, Plaintiff, v. ROD SCHULTZ, Defendants. ORDER THIS …
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
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+) …
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