Search | Prison Legal News

Federal Forfeiture Motions are Civil, Subject to PLRA

Article • October 15, 2005

Filed under: PLRA, Attorney Fees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA), Forfeiture

Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …

Forced Catheterization of Arrestee for Drug Test Upheld

Article • October 15, 2005

Filed under: Forcible Treatment, Searches, Drug Testing

Forced Catheterization of Arrestee for Drug Test Upheld by The plaintiff was arrested for disorderly conduct and found to be pretty drunk and in possession of a marijuana pipe; the jail wouldn't admit him without a medical clearance. At the hospital he became uncooperative and abusive. A doctor directed that …

$600,000 Settlement In Death Of Unmedicated Wisconsin Prisoner

Article • August 15, 2005 • from PLN August, 2005

Filed under: Medication, Seizures, Food, Strip Cells, Wrongful Death, Medical Neglect/Malpractice

$600,000 Settlement In Death Of Unmedicated Wisconsin Prisoner by A lawsuit over the death of a mentally ill epileptic Wisconsin prisoner has settled for $600,000. Kelvin Brooks, an epileptic state prisoner with a long history of mental illness was imprisoned at Wisconsin's Green Bay Correctional Facility. For unknown reasons Brooks …

Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 (1)

Brief • 2005

Filed under: Publications/Books, Sexually Explicit Materials, Zoning

Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 (1) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING …

Syring v. Oneida County, WI, Motion for Preliminary Injunction, Zoning Regulations, 2005

Brief • 2005

Filed under: Publications/Books, Sexually Explicit Materials, Zoning

Syring v. Oneida County, WI, Motion for Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION …

Syring v. Oneida County, WI, Brief in Support of Preliminary Injunction, Zoning Regulations, 2005

Brief • 2005

Filed under: Publications/Books, Sexually Explicit Materials, Zoning

Syring v. Oneida County, WI, Brief in Support of Preliminary Injunction, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN MARK SYRING, DARLINGS GIFTS HZL, INC., and MLS INVESTMENTS, INC., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. BRIEF IN SUPPORT …

Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005

Brief • 2005

Filed under: Publications/Books, Sexually Explicit Materials, Zoning

Syring v. Oneida County, WI, Declaration of Mark Syring, Zoning Regulations, 2005 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Mark Syring, Darlings Gifts HZL, Inc., and MLS Investments, Inc., Plaintiffs, v. Case No. 05 C 0061 C ONEIDA COUNTY and TOWN OF HAZELHURST, Defendants. DECLARATION OF MARK SYRING IN …

BOP Good-Time Statute Upheld By Three Circuits

Article • April 15, 2005 • from PLN April, 2005

Filed under: Sentencing, Good Time, Habeas Corpus

BOP Good-Time Statute Upheld By Three Circuits by by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals reversed a U.S. District Court ruling that had accorded BOP prisoners 54 days good-time credit per year, holding instead that the maximum credit available is only 47 days per year. In …

Wisconsin Enacts Law, Prison Reforms Regarding Sex Assaults

Article • April 15, 2005 • from PLN April, 2005

Filed under: Sexual Assault, Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Criminal Prosecution, State Legislation

Wisconsin Enacts Law, Prison Reforms Regarding Sex Assaults by by Michael Rigby On August 31, 2004, the Wisconsin Department of Corrections (WDOC) announced it would immediately implement sweeping policy changes in the way it views and handles staff-on-prisoner sexual assaults. The reforms come a year after legislation was enacted criminalizing …

Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit

Article • April 15, 2005 • from PLN April, 2005

Filed under: Searches, Strip Searches, Arrestee Searches, Damages

Wisconsin County Pays $6.95 Million To Settle Strip-Search Suit by by Michael Rigby St. Croix County, Wisconsin, and its insurer has paid $6.95 million to settle a federal class-action lawsuit challenging the constitutionality of the county jail's blanket strip-search policy, according to the terms of a February 27, 2004, settlement …

U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away

Article • March 15, 2005 • from PLN March, 2005

Filed under: Sentencing

U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away by David Zuckerman As federal prisoners are well aware, the facts found by a jury often bear little relation to the …

Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit

Article • December 15, 2004 • from PLN December, 2004

Filed under: Transplants, Attorney Fees (PLRA), Court Access, Damages

Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit by In a 6-5 decision marked by a plurality opinion and a strongly-worded dissent, the en banc Seventh U.S. Circuit Court of Appeals reversed the U.S. District Court, Western District of Wisconsin, and held that provisions of the Prison …

"Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment

Article • December 15, 2004 • from PLN December, 2004

Filed under: Mental Health, Civil Commitment

"Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment by David Reutter "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment by David M. Reutter The Seventh Circuit Court of Appeals has held that civilly committed sex offenders are entitled, as a matter of due process, …

Wisconsin County Settles Negligent Death Claim for $1.2 Million

Article • December 15, 2004 • from PLN December, 2004

Filed under: Medical, Medical Records, Diabetes, Municipal Liability, Medical Neglect/Malpractice

Wisconsin County Settles Negligent Death Claim for $1.2 Million by Wisconsin County Settles Negligent Death Claim For $1.2 Million On July 24, 2003, Milwaukee County, Wisconsin, agreed to pay $1.2 million to settle a claim arising from a man's death in the county jail. The deceased, former president of the …

Seventh Circuit Invalidates Wisconsin News Clippings Ban

Article • December 15, 2004 • from PLN December, 2004

Filed under: Injunctions (PLRA), Prisoner Property, Qualified Immunity, Mail Regulations, Control Units/SHU/Solitary Confinement

Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …

Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection

Article • November 15, 2004 • from PLN November, 2004

Filed under: Disciplinary Hearings, Legality of Rules, Attorney Fees (PLRA), Costs, State Legislation

Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection by The Wisconsin Court of Appeals held that the Wisconsin Prison Litigation Reform Act's (WPLRA) prohibition against the recovery of costs and fees by prevailing prisoners does not violate equal protection. Daniel Harr, a prisoner of Wisconsin's "Supermax prison successfully pursued a …

BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated to Time Served

Article • September 15, 2004 • from PLN September, 2004

Filed under: Sentencing, Good Time, Habeas Corpus

BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated to Time Served by John E Dannenberg BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated To Time Served by John E. Dannenberg The U.S. District Court (W.D. Wisc.) held that good time credits available to federal …

Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely

Article • August 15, 2004 • from PLN August, 2004

Filed under: Civil Procedure, Appeals, Limitations, Mail Regulations

Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely by Two different federal circuit appeals courts have interpreted provisions of Federal Rule of Appellate Procedure 4, which relates to the filing of notices of appeal. Both courts held the prisoners failed to comply with the …

Wisconsin Contract for Faith-Based Program Does Not Violate First Amendment

Article • July 15, 2004 • from PLN July, 2004

Filed under: Work Release, Mental Health, Drug Treatment/Rehab, Required Religious Programming

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 …

Applicability of FTCA to BOP Causes Circuit Split

Article • May 15, 2004 • from PLN May, 2004

Filed under: Prisoner Property, Federal Statutory Law, Federal Tort Claims Act

Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …