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Dismissal of §1983 Complaint Against Ohio CCA Prison Reversed by by Bob Williams The United States Court of Appeals for the DC Circuit has reversed the dismissal of a 42 U.S.C. § 1983 prisoner complaint against the CCA facility at Youngstown, Ohio, finding the complaint did state a claim of …
Article • December 15, 2005 • from PLN December, 2005
85 Year-Old California Prison Doctor Wins $20 Million For Age Discrimination by The chief physician and surgeon at California State Prison, Lancaster, still practicing medicine at age 85, successfully sued the California Department of Corrections (CDC) for age discrimination when CDC forced him to retire. On July 18, 2005, a …
Jail Prisoner Strangles Psychiatrist; Jury Awards $2.6 Million by A Florida jury awarded $2,650,260 in the strangling death of a psychiatrist doing an evaluation on a prisoner at the Collier County Jail. David J. Hoyer was doing a court ordered competency evaluation on January 3, 2001, when he was attacked …
Article • November 15, 2005 • from PLN November, 2005
PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …
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 …
PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …
$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit by The Eighth Circuit Court of Appeals has affirmed a judgment awarding compensatory damages of $50,000 in a civil rights suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court …
New York Employees Families Settle Attica Riot Claims for $12 Million by The State of New York has reached a $12 million settlement with the Forgotten Victims of Attica, a group of surviving state employees and relatives of 11 guards killed during the 1971 uprising at the Attica Correctional Facility. …
Article • November 15, 2005 • from PLN November, 2005
New York Prisoner Awarded $195,000 for Hand, Knee Injury by On October 6, 2004, a court of claims in White Plains, New York, awarded $195,000 to a state prisoner who fell in the shower, injuring her hand, and knee. While imprisoned at the Taconic Correctional Facility, prisoner Juliann Gibson slipped …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Brief • October 17, 2005
Griffith v. Weisner et al, NC, Petition to Sue, public records denial indigent leashing prisoners, 2005
Article • October 15, 2005 • from PLN October, 2005
Oklahoma Civil Action Timely by Under Mailbox Rule The Oklahoma Court of Appeals held that the prison mailbox rule applies to prisoner filings of civil actions. It also held that the trial court violated District Court rule 13(f) when it ruled on a summary judgment motion without giving the prisoner …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Article • October 15, 2005 • from PLN October, 2005
Illinois Jail Conditions Suit Nets $150,000 Attorney Fee Award by An Illinois Federal District Court has awarded attorneys representing prisoners at the Winnebago County Jail (WCJ) $150,000 in attorney fees and costs. This class action suit alleged the conditions at WCJ were unconstitutionally deficient in numerous respects. The suit alleged …
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 …
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