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Article • June 15, 2004 • from PLN June, 2004
Filed under: Escapes, Sentencing, Detainers
Indictment Dismissed for Failure to Comply with Interstate Agreement on Detainers by The Wyoming Supreme Court reversed a conviction and dismissed the underlying indictment because the State failed to bring the defendant to trial within the time period allotted in the Interstate Agreement on Detainers (IAD). In 1997, Janvirgo Odhinn …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Discovery
Illinois Segregation Brutality Suit Fails Because Injury Was De Minimis by John E Dannenberg Illinois Segregation Brutality Suit Fails Because Injury Was De Minimis by John E. Dannenberg An Illinois state prisoner who alleged in a 42 U.S.C. § 1983 civil rights complaint that he had been maliciously injured by …
Article • June 15, 2004 • from PLN June, 2004
Pro Se Indiana Prisoner Awarded $100,000 in Failure to Protect Suit by On May 21, 2002, an Indiana federal district court held that state prisoner Robert Pierson was entitled to $100,000 in compensatory damages because prison officials failed to protect him from assault by another prisoner. Pierson, 51, arrived at …
Article • June 15, 2004 • from PLN June, 2004
Jury Awards Maryland Prison Guard $1.6 Million for Discrimination by Michael Rigby In July 2003, a federal jury in Maryland awarded a former prison guard $1.6 million for the discrimination and hostile work environment he endured while on the job at a Maryland prison. Mathen Chacko, a native of India, …
Do New York Shiite Prisoners Have a Right to Separate Services? by by Matthew T. Clarke The Second Circuit Court of Appeals has held that a district court improperly dismissed a suit by Shiite Muslim New York state prisoners seeking separate religious services from the Sunni Muslims. Thomas Pugh, Edward …
Article • June 15, 2004 • from PLN June, 2004
Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E Dannenberg Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court, E.D. Calif. denial of a California state lifer's federal habeas …
Article • June 15, 2004 • from PLN June, 2004
California Prisoner Not Earning Wages Is Denied Workers' Comp by John E Dannenberg California Prisoner Not Earning Wages is Denied Workers' Comp. by John E. Dannenberg The California Court of Appeals held that a prisoner injured on his job in the prison laundry was entitled to a $0.00 Workers' Compensation …
Article • June 15, 2004 • from PLN June, 2004
California Pays $1.25 Million for Woman Crushed by State Prison Bus by A Ventura County, California jury awarded $1.25 million on August 6, 2002 for the wrongful death of an 88 year-old woman who was run over by a full sized state prison bus as it was turning right out …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
County Must Disclose Detention Center Settlement to Newspaper by Bob Williams The New Mexico State Court of Appeals has ruled that Dona Ana County must disclose to the Las Cruces Sun-News records relating to a civil suit settlement between the County and female jail detainees who were sexually abused by …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
Article • June 15, 2004 • from PLN June, 2004
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams The U.S. District Court for the Middle District of Alabama has brought to a halt prospective relief from unconstitutional conditions at an Alabama state women's prison because a previously entered preliminary injunction was allowed to expire …
Article • June 15, 2004 • from PLN June, 2004
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
Article • June 15, 2004 • from PLN June, 2004
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
PLRA Only Requires Exhaustion of Applicable Remedies by The U.S. Court of Appeals for the Second Circuit has reversed a federal district court dismissal of a prisoner's civil rights lawsuit for failure to exhaust available administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). …
Article • June 15, 2004 • from PLN June, 2004
Los Angeles County Pays $2.75 Million for Illegal Strip Searches by John E Dannenberg by John E. Dannenberg The County of Los Angeles settled for $2.75 million the complaints of illegal strip searches and body cavity searches of female demonstrators at the Democratic National Convention in August, 2000, and the …
Article • June 15, 2004 • from PLN June, 2004
BJS Says 1 in 15 Adults Will Go to Prison by The Bureau of Justice Statistics (BJS) reported in August 2003 that, if current American incarceration rates continue, 1 of every 15 persons born in the year 2001 will be incarcerated at some point in their adult lives. The report …
Article • June 15, 2004 • from PLN June, 2004
Filed under: News, News in Brief
News in Brief by Arizona: On June 1, 2004, over 20 prisoners in the Yavapai county jail became very ill after an unidentified person put industrial soap in the dinner meal's iced tea. One prisoner was in critical condition and several others were hospitalized afterwards. Police were investigating. Brazil: On …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Damages, Costs
Common Fund Required for Incentive Award by The Sixth Circuit Court of Appeals held a named class representative may not receive an incentive award unless a common fund is established. Prisoner C. Pepper Moore, who was named a class representative in 1988 in Hadix v. Johnson, which was a class …
RFRA May Protect Federal Prisoners' Right to Cast Spells by RFRA May Protect Federal Prisoners' Right to Cast Spells The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has reinstated a federal prisoner's religious freedom lawsuit under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1. Kerry …
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