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Article • May 15, 2004 • from PLN May, 2004
California Rules Violation for "Repeated Pattern" Must Involve Same Offense by California Rules Violation For "Repeated Pattern" Must Involve Same Offense The California Court of Appeal held that the California Department of Corrections' (CDC) regulation elevating a repeat infraction of an "administrative" violation to the level of a "serious" rules …
Article • May 15, 2004 • from PLN May, 2004
Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David Reutter Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David M. Reutter In a case of great importance to lawyers litigating prisoner actions where private settlement agreements are a consideration, the Eighth Circuit Court of …
Article • May 15, 2004 • from PLN May, 2004
County Public Defender Liable for Wrongful Conviction by The U.S. Ninth Circuit Court of Ap-peals, sitting en banc, reinstated a former Nevada Death Row prisoner's 42 U.S.C. § 1983 suit against Clark County, Nevada, and the County's Chief Public Defender. Roberto Miranda was convicted of a 1981 murder and sentenced …
Article • May 15, 2004 • from PLN May, 2004
Physical Injury Rule Doesn't Bar Strip Search Suit by Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar …
Article • May 15, 2004 • from PLN May, 2004
Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists by David Reutter by David M.Reutter The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final …
Article • May 15, 2004 • from PLN May, 2004
Prisons Nationwide Fail to Treat HCV Epidemic by John E Dannenberg Prisons Nationwide Fail To Treat HCV Epidemic by John E. Dannenberg The JeopardyTM answer is: "The national average treatment rate for HCV-infected prisoners." The winning question is: "What is approximately 1%?" With HCV [Hepatitis-C] infection rates in state prisons …
BOP Doctor Indicted, Pleads Guilty to Sexual Assault by Bob Williams BOP Doctor Indicted, Pleads Guilty To Sexual Assault by Bob Williams On May 14, 2003, Dr. Carlos Baez, 41, a staff obstetrician-gynecologist in the Federal Bureau of Prisons (BOP), was indicted on three counts of sexual abuse of a …
Article • May 15, 2004 • from PLN May, 2004
From the Editor by Paul Wright This issue marks the 14th anniversary of Prison Legal News. With this issue we will have published 169 issues. At this point, PLN is the longest, continuously publishing independent publication whose content is mostly written and produced by prisoners and ex-prisoners in American history. …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Medical, Hepatitis
$50,000 HCV Settlement and New Treatment Protocol Approved in Colorado by Bob Williams $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado by Bob Williams The federal district court in Colorado has approved a settlement awarding $50,000 and treatment for hepatitis-C (HCV) infection to six named plaintiffs. The Colorado …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Prison Labor, Medical
Colorado Slammed by West Nile Virus But Ignores Prisoners by Bob Williams Loren Gasiorowski, 41, awoke one morning with a big mosquito bite on his forearm and one on his shoulder. Within days he couldn't leave his cell. After being sick for two weeks he couldn't take it any more. …
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Florida Work Release Prisoners Ripped Off by Private Transport Company by David Reutter Florida Work Release Prisoners Ripped Off by Private Transport Company by David M. Reutter In response to a new law, effective Oc-tober 1, 2003, that prohibited state prisoners from driving state vehicles, the Florida Department of Corrections …
Article • May 15, 2004 • from PLN May, 2004
Excessive Heat Still Plagues Baltimore Women Detainees by Bob Williams Despite a 2002 federal district court Consent Order finding conditions at the Women's Detention Center of the Baltimore City Detention Center (WDC) unconstitutional due to excessive heat and despite an injunction issued to immediately remedy the problem, WDC women continue …
Another Troubled North Carolina Jail by Michael Rigby Prisoner suicides, mistaken releases, jailers indicted for selling drugs and dispensing sex, prisoners caught with drugsall occurred at the Cumberland County Detention Center, a $36 million North Carolina jail, in the seven months following its February 2003 opening. On March 23, 2003, …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
$13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners by The Washington state Division of Risk Management (DRM) paid claims totaling $13,000 to two state prisoners who were illegally arrested and incarcerated by the Washington Department of Corrections. Michael Buffington had been sentenced in King County Superior Court to …
Brief • May 13, 2004
Johnson v Stalder La Plf Response to Mot to Dismiss Ada Transportation Denial 2004.pdf UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA EDWARD JOHNSON, Plaintiff VS. RICHARD STALDER, ET AL. Defendants * * * * * * * * * * CIVIL ACTION NO. 03-1949-S JUDGE STAGG MAGISTRATE JUDGE PAYNE …
Brief • May 13, 2004
Filed under: Jury Instructions
Trinity Door v. Oconee Co, GA, Jury Instructions, government accountability witness credibility, 2004 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page 1 of 12 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page 2 of 12 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page 3 of 12 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page …
Brief • May 12, 2004
Degorski v. Wilson, IL, Complaint, Jail Beating, 2004 Case: 1:04-cv-03367 Document #: 1 Filed: 05/12/04 Page 1 of 9 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS or::? u1 ~ . , •<J ( EASTERN DIVISION ' ( I .. . JAMES DEGORSKI, DOCKETED~ Plaintiff, MAY …
Article • May 11, 2004
Former Military Police Officer Jailed for 17 Yrs Describes Routine Mistreatment and Brutality in U.S. Prisons by We speak with former military police officer Paul Wright, editor and founder of Prison Legal News, who was recently released from prison after serving 27 years for murder about the physical and sexual …
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