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Article • January 15, 2006 • from PLN January, 2006
Wisconsin Must Install Air Conditioning in Supermax by The Seventh Circuit Court of Appeals affirmed a district court order requiring prison officials to take immediate steps to air condition the cells of Wisconsin's supermax prison. In 2000, two prisoners confined in the Supermax prison in Boschobel, Wisconsin brought suit alleging …
Article • January 15, 2006 • from PLN January, 2006
Seventh Circuit Reverses § 1915(e)(2) Dismissal of Meritorious Complaint by by Bob Williams The U.S. Court of Appeals for the Seventh Circuit has reversed a Wisconsin Federal District Court's dismissal of a prisoner complaint the district court found to have probable merit but dismissed under 28 U.S.C. § 191S(e)(2) screening because …
Brief • January 13, 2006
Freedom From Religion Foundation Inc. v. Chao, 7th Circuit, Taxpayer Standing, 2006 433 F.3d 989 (2006) FREEDOM FROM RELIGION FOUNDATION, INC., et al., Plaintiffs-Appellants, v. Elaine L. CHAO, Secretary of Department of Labor, et al., Defendants-Appellees. No. 05-1130. United States Court of Appeals, Seventh Circuit. Argued September 13, 2005. Decided …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
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 …
Article • October 15, 2005
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 …
Article • August 15, 2005 • from PLN August, 2005
$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 …
Brief • 2005
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 …
Brief • 2005
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 …
Brief • 2005
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 …
Brief • 2005
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 …
Article • April 15, 2005 • from PLN April, 2005
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 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 …
Article • April 15, 2005 • from PLN April, 2005
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 …
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 …
Article • December 15, 2004 • from PLN December, 2004
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 …
Article • December 15, 2004 • from PLN December, 2004
"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, …
Article • December 15, 2004 • from PLN December, 2004
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 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 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 …
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