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Settlements Reached In Alabama Women Prisoners' Class-Action Suit by by Matthew T. Clarke On August 23, 2004, U. S. District Judge Myron Thompson signed a settlement order in a class-action civil-rights lawsuit brought by prisoners at three Alabama Department of Corrections women's prisons challenging their conditions of confinement. The suit …
Article • August 15, 2005 • from PLN August, 2005
$99,981 In Fees Awarded For Successful Massachusetts Court Access Suit by Michael Rigby In a strongly worded opinion chastising Massachusetts officials for over 1itigating a case in which a prisoner's constitutional right of access to courts was clearly violated, a federal district court awarded attorneys' fees and costs of $99,981 …
U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
New Hampshire Prisoner's Due Process Suit Nets $54,000 in Fees and Damages by A New Hampshire federal district court has awarded a prisoner $20,503 in nominal and punitive damages in a civil rights action alleging Fourteenth Amendment violations. The Court further awarded $31,000 in attorney's fees and $3,900 in costs …
Article • August 15, 2005 • from PLN August, 2005
$800,000 Awarded to Wrongly Convicted Tennessee Man by After maintaining his innocence for 22 years, Clark McMillan was released from prison after DNA evidence cleared him of raping a 16 year-old in 1980. McMillan was released from a Tennessee prison in 2002 after DNA testing revealed a former Memphis resident …
Michigan Guard Who Procured Hit On Prisoner Must Pay $200,000 Damages by by Marvin Mentor A Michigan federal jury returned verdicts of $75,000 in compensatory damages and $125,000 in punitive damages against a Michigan state prison guard who paid one prisoner six cigarettes to viciously pummel another. Michigan prisoner Barton …
Fifth Circuit Upholds $5,000 Excessive Force Verdict Against Wackenhut Guard by In an unpublished opinion, the Fifth Circuit Court of Appeals upheld a jury verdict finding that a prison guard used excessive force against a prisoner and awarding $5,000 in damages. Mississippi prisoner Thomas Unger sued Wackenhut (now Geo Corporation), …
Brain Dead California Prisoner Guarded Around The Clock by A California parole violator, who was declared brain dead from being shot in the head by a guard at 6,100 bed Wasco State Prison during a lounge-area fight, was guarded at a nearby Bakersfield hospital at a cost of $1,056/day in …
California Prison Employee Paid $500,000 To Settle Whistleblower Retaliation Suit by The California Department of Cor¬rections (CDC) settled an employee whistleblower retaliation suit for $500,000 in October, 2004. CDC admitted it had additionally spent $300,000 in legal fees fighting the claim. Richard Krupp, formerly the chief of CDC’s Personnel Automation …
Article • August 15, 2005 • from PLN August, 2005
Supreme Court Finds Ohio Supermax Placement Policy Constitutional by Bob Williams By Bob Williams The United States Supreme Court has found prisoners possess a liberty interest in avoiding supermax placement but ruled Ohio’s new classification policy for placing and retaining prisoners in the state’s supermax is constitutional as written. Relief …
Article • August 15, 2005 • from PLN August, 2005
42 Alabama AIDS Prison Deaths In Five Years Spurs Major Medical Suit Settlement by John Dannenberg By John E. Dannenberg The Alabama Department of Corrections (ADOC) settled a class action federal civil rights lawsuit brought by Limestone Correctional Facility AIDS-afflicted prisoners who had complained of unconstitutional conditions of medical treatment …
Article • August 15, 2005 • from PLN August, 2005
California Guard Wins $10 Million Default Judgment Against Assaultive Prisoners by A guard at California State Prison Los Angeles (CSP-LA) in Lancaster, who was allegedly injured by two prisoners, was awarded a $10,253,792.57 default judgment against them in Los Angeles Superior Court on March 17, 2005. Guard Demont Blunt, 25, …
$1 Million L.A. County Jail Rape Award Overturned by by Marvin Mentor The California Court of Appeal, in an unpublished opinion, reversed a Los Angeles (L.A.) County jury verdict that had awarded $1 million in damages to a jail detainee who was brutally beaten and raped in his L. A. …
Article • August 15, 2005 • from PLN August, 2005
Tennessee Public Records Act Requires Delivery Of Records To Prisoners by The Tennessee Court of Appeals has held that the state's Public Records Act requires a District Attorney General not only to make public records available, but to copy and deliver records requested by prisoners. Jaxie Raymond Jones, a Tennessee …
Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was …
Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee by Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee Awarded Reversed, Injunction Upheld The Sixth Circuit Court of Appeals has reversed an award of attorney's fees, holding the …
Washington DOC Settles Contempt Action For $500,000; Money To Fund Patient Advocate by Michael Rigby The Washington Department of Corrections has agreed to pay $500,000 to settle a contempt action stemming from alleged violations of a consent decree governing medical care at the Washington Corrections Center for Women (WCCW). Pending …
Article • August 15, 2005 • from PLN August, 2005
Jury Trial in Prison Violates Oregon Constitution by The Oregon Supreme Court held that conducting a prisoner's jury trial within a prison violates the impartial jury guarantee of the Oregon Constitution. Gary Cavan, a prisoner at the Snake River Correctional Institution (SRCI) was charged with several crimes stemming from his …
Suit Over Rape of Prisoner By TDCJ Employee Settled for $118,318.56 and Beach Property by By Matthew T. Clarke On November 19, 2004, a Texas prisoner who was raped by a Texas Department of Criminal Justice (TDCJ) guard settled his suit against the guard and TDCJ for a total of …
Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby In August 2004, two teenage girls raped by guards at a Colorado juvenile prison settled their lawsuits for $165,000 apiece. Both girls had been imprisoned at the Youthful Offender System (YOS), which is operated by the Colorado Department …
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