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NY DOC Agrees to Comply with A.D.A. by The New York City Department of Corrections (NYDOC) on Rikers Island has entered into a voluntary compliance agreement that requires it to comply with the American with Disabilities Act (ADA). A NYDOC prisoner filed a complaint with the United States Attorney for …
Reliance Solely On Guard's Version of Incident Improper by In an unpublished decision, the U.S. Sixth Circuit Court of Appeals reversed the summary judgment dismissal of a prisoner's civil rights action against Michigan prison guards holding that the district court had erroneously relied on the guards' version of disputed fats. …
Article • October 15, 2005 • from PLN October, 2005
Nevada Supreme Court Clarifies Personal Injury Exhaustion Requirements by The Nevada Supreme Court held that state prisoners seeking compensation for personal injuries are not required to allege exhaustion of their administrative remedies, nor does the failure to exhaust administrative remedies deprive the trial court of subject matter jurisdiction. Thomas Cotton, …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
Article • October 15, 2005
Court Allows Amendment, Adding New Defendants to Brutality Suit by The plaintiff sued over excessive force and now seeks to amend to add new defendants after the statute of limitations had run. Claims against new defendants relate back for limitations purposes only if they were not named because of a …
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
Article • October 15, 2005
North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court by North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court Charles Stewart, chief of security for the North Carolina Department of Correction (NCDOC), was implicated in a double-billing scheme, which a newspaper reported. …
Article • October 15, 2005
Filed under: Civil Procedure, Damages
UK Prisoners Awarded Nearly 1 Million Pounds by Since 2003, 211 United Kingdom prisoners have been awarded 862,320 pounds to settle a wide range of claims, according to information provided to the Belfast Telegraph under the Freedom of Information Act. The highest total payout was more than half a-million pounds …
Article • October 15, 2005
$80,000 Punitives Awarded against Sex Offending Canadian Guard by A former Canadian prison guard sexually assaulted countless prisoners. Eight of his victims were awarded $10,000 in punitive damages, each. Roderick David MacDougall was a British Columbia prison guard from 1976 to 1997. He worked as a classification officer during most …
Article • October 15, 2005
Class Certification Discussed in Beach Fee Suit by Plaintiffs challenged a $3.00 beach access fee and sought class certification, proposing subclasses of those who had paid the fee and those who had not paid and consequently couldn't go to the beach. Impracticability of joinder "does not mean impossibility, but only …
Brief • September 28, 2005
Filed under: Appeals, Filing Fees
Rodriguez v. DOC Secretary, FL, Motion, Transcript on Appeal, 2005
Brief • September 21, 2005
Jordan v. Pugh, CO., Opinoin - BOP Regulations re Prisoners Publishing Under Bylines, 2005 425 F.3d 820 Mark JORDAN, Plaintiff-Appellant, v. Michael V. PUGH, Warden, ADX, Florence, Colo.; J. York, S.I.S. Technician, ADX; R.E. DERR, Case Manager, ADX; B. Sellers, S.I.S. Technician, ADX; and Stanley Rowlett, Unit Manager, ADX, Defendants-Appellees. …
Article • September 15, 2005 • from PLN September, 2005
Filed under: Court Access, Judiciary, Juries
Houston Grand Juries Mostly Law-Enforcement by Matthew Clarke Houston Grand Juries Mostly Law-Enforcement and Government Employees by Matthew T. Clarke Ever since a ruling by the U. S. Supreme Court in Smith v. State of Texas, 311 U.S. 128, 61 S.Ct. 164, 85 L.Ed. 84 (1940), grand juries have been …
Article • September 15, 2005 • from PLN September, 2005
Summary Judgment for CMS/NJ DOC Reversed in Physical Therapy Suit by A New Jersey state appellate court issued an unpublished opinion reversing a lower court's grant of summary judgment to Correctional Medical Services (CMS) and the New Jersey Department of Corrections (DOC). On November 7, 1996, Craig Szemple, a prisoner …
Article • September 15, 2005 • from PLN September, 2005
Ninth Circuit Upholds Preliminary Injunction Against Webcams In Arizona Jail by Michael Rigby The U.S. Ninth Circuit Court of Appeals has upheld a preliminary injunction prohibiting an Arizona sheriff from displaying live video of prisoners in the Maricopa County Jail on the internet. This case arises from Maricopa County Sheriff …
Article • September 15, 2005 • from PLN September, 2005
Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public by Rehabilitated California Ex-Cons Have No Privacy Protection From Media Productions Based Upon Public Court Records by John E. Dannenberg The California State Supreme Court, reversing its 33 year old precedent, held that privacy rights of a …
Habeas Hints by Kent Russell This column is intended to provide habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Article • September 15, 2005 • from PLN September, 2005
$7,500 of Personal Injury Award Exempt From Attachment By Illinois DOC by A court of appeals in Illinois ruled that the Illinois Department of Corrections (DOC), which was seeking to attach a settlement awarded a prisoner in a personal injury suit, could not attach $7,500 of the award. That ruling …
Article • September 15, 2005 • from PLN September, 2005
Mother Of New York Prisoner Awarded $377,200 For Suicide by Michael Rigby On March 14, 2005, a court of claims in White Plains, New York, awarded $377,200 to the mother of a suicidal state prisoner who died while in custody. While serving time at New York's Green Haven Correctional Facility …
Article • September 15, 2005 • from PLN September, 2005
Hawaii Settles Class Action Wrongful Imprisonment Suit for $1.2 Million by Michael Rigby The state of Hawaii has agreed to pay $1.2 million to settle a class action federal lawsuit involving hundreds of wrongfully imprisoned individuals. The state also agreed to implement measures ensuring the timely release of prisoners. The …
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