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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. …
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 …
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