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Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard by Alex Coolman DNA evidence and a powerful will to fight helped former federal Texas prisoner Marilyn Shirley win a sexual assault conAviction and a $4 million civil decision against a guard who raped her while she was being …
Article • July 15, 2004 • from PLN July, 2004
$3 Million in Settlements for Wrongful Illinois Convictions by by Matthew T. Clarke On June 17, 2003, Illinois passed a state budget that includes around $1.5 million in settlements for wrongly convicted former prisoners, including Rolondo Cruz and Aaron Patterson, former death row prisoners pardoned by former Governor George Ryan. …
Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter A Connecticut federal district court vacated a jury award of $30,000 because the prisoner plaintiff failed to exhaust administrative remedies. Connecticut prisoner Lori Hock sued guard Paul Thipedeau for violating …
Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment by Bob Williams A Wisconsin federal district court has found that a state Department of Corrections (WDOC) contract with a faith-based addiction recovery program does not violate …
Article • July 15, 2004 • from PLN July, 2004
Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations by John E Dannenberg by John E. Dannenberg Toxic and hazardous waste from Walla Walla State Penitentiary (WSP) continues today to pollute City of Walla Walla air and public water resources, notwithstanding fourteen years of administrative litigation stemming from …
Article • July 15, 2004 • from PLN July, 2004
Michigan Supreme Court Allows Seizure of Prisoner's Pension Despite ERISA by by Matthew T. Clarke The Supreme Court of Michigan (SCM) upheld a court's ordering a prisoner to have his pension benefits deposited in his prisoner account so that the state can seize a large portion of it to reimburse …
Article • July 15, 2004 • from PLN July, 2004
Failure to Treat Transsexual for Self-Mutilation States Claim by The Fourth Circuit Court of Appeals held the failure of prison officials to treat a prisoner for self-mutilation states an Eighth Amendment claim. The civil rights action was filed by Virginia prisoner Ophelia Azriel De'Lonta, who suffers from gender identity disorder …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
Article • July 15, 2004 • from PLN July, 2004
Filed under: Court Access
Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions by Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions The Oklahoma Supreme Court held that a state statute declaring all persons serving a felony sentence to be "civilly dead" does not preclude them from filing a civil action …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Article • July 15, 2004 • from PLN July, 2004
Record Number of "Lifers" Now in U.S. Prisons by Record Number of "Lifers" Now in U.S. Prisons A new national study by The Sen tencing Project released on May 11, 2004, finds that a record one of every eleven (9.4%) prisoners in the United States is now serving a life …
BJS Finds Low Recidivism among Released Sex Offenders by Contradicting popular perceptions, a November 2003 report by the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, found that violent sex offenders released from prison are less likely than non-sex offenders to be rearrested on any …
Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death by On May 23, 2001, Karen Johnson, 43, literally died of medical neglect while being held prisoner in the Orange County Jail in Orlando, Florida. In July, 2002 PLN reported how Johnson desperately pleaded with her captors to continue …
Article • July 15, 2004 • from PLN July, 2004
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
Article • July 15, 2004 • from PLN July, 2004
$1.5 Million Verdict in NYC Jail Medical Malpractice Death by A jury awarded $1.5 million on January 23, 2004 for the wrongful death of a 37 year-old mother of six who died on September 30, 1998 in a New York City (NYC) jail holding cell from improper medications given her. …
Article • July 15, 2004 • from PLN July, 2004
Arizona Prison Director Has Poor Track Record by Michael Rigby A federal judge in Missouri has refused to accept sworn testimony from Arizona Department of Corrections (ADOC) Director Dora Schriro, adding yet another chapter to Schriro's continuing saga of security lapses, deceit, and disappearing evidence. Before signing on as director …
Article • July 15, 2004 • from PLN July, 2004
Filed under: Private Prisons, Probation
Private Probation Companies Prove Corrupt in Tennessee by Gary Hunter Criminal Court Judge Chris Craft claimed private probation companies have "created a nightmare" in the Memphis, Tennessee probation system. Judge Craft, who is also chairman of the Private Probation Services Council, said that probation companies currently charge probationers fees "that …
Controversy and Lawsuits Surround South Texas Private Prison Deals by by Matthew T. Clarke Cotulla, a south Texas town known or the illegal drug-sting convictions of a quarter of its African-American citizens, now has a new claim to infamy -- private prison scams. Cotulla, population 3,000, is the county seat …
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