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PLN in Court by by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously …
Summary Judgment Reversed in Louisiana Jail Conditions Case by by Robert H. Woodman The Court of Appeal of Louisiana, First Circuit, reversed summary judgment granted by the Twenty-Third Judicial District Court of Ascension Parish (Louisiana) to the Ascension Parish sheriff in a case involving conditions of confinement at the Ascension …
Brief • June 23, 2005
Filed under: Costs
Castellini v. Lappin, MA, Stipulation of Dismissal without Costs, 2005 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RICHARD CASTELLINI, Plaintiff, v. Civil Action No. 05-10220-PBS HARLEY G. LAPPIN (in his official capacity as Director of the Bureau of Prisons), Defendant. STIPULATION OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS AND INTEREST …
Article • June 15, 2005 • from PLN June, 2005
NY Prisoner Awarded $160,000 for Lost Testicle by A New York Court of Claims has awarded a former Collins Correctional Facility prisoner $160,000 in a medical malpractice suit. On November 22, 1998, Robert Hicks experienced pain in the area of his left waist. He said he laid on his bed, …
Article • June 15, 2005 • from PLN June, 2005
Ohio Awards $1,402.92 Award For 11 Days False Imprisonment by by Michael Rigby An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004. On September 14, 1999, plaintiff Glen Wilson was sentenced to two …
Dental Treatment Denial Claim Cannot Be Subdivided By Court by The court of appeals for the Eighth Circuit held that a prisoner's allegation of denial of dental treatment cannot be split into three separate sub-claims then dismissed for failure to exhaust state remedies on the sub-claims. James McAlphin, an Arkansas …
Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Chicago Jail Still Rife With Prisoner Abuse, Crimes By Guards by Matthew T. Clarke The Cook County Jail in Chicago, Illinois, remains the scene of controversy involving beatings of prisoners, stealing of drugs held for evidence, and guards having …
Article • June 15, 2005 • from PLN June, 2005
Court Discusses Deliberative Process Privilege by In two separate rulings, a southern district of New York federal district court has expounded upon the deliberative process privilege, which is a sub-species" of the work product doctrine. This action was filed by the Administration of the Estate of Ralph Joseph Tortorici, who …
Article • June 15, 2005 • from PLN June, 2005
Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier by Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier The U.S. Sixth Circuit Court of Appeals has held that when a prisoner's medical malady is so obviously serious that even a layman would easily recognize the need for medical attention, …
Article • June 15, 2005 • from PLN June, 2005
Battle Over Judicial Secrecy Continues by by Michael Rigby As the trend towards secrecy in the U.S. judiciary continues to grow, so does the constitutional debate over such practices as sealing cases, hiding proceedings, and conducting clandestine searches. Recent decisions by the D.C. and Second Circuits have been favorable, but …
Article • June 15, 2005 • from PLN June, 2005
$195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners by A federal court in New York awarded a former prisoner $179,900 in attorney's fees and costs, against the prison guard who sexually assaulted her. The court concluded that the fee cap provisions …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA by by John E Dannenberg An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a …
Article • June 15, 2005 • from PLN June, 2005
Recharacterization Requires Notice Or Opportunity To Withdraw by The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice. Eric Martin, a Michigan state …
Publication • 2005
Order for Supplies or Services, DHHS, 2005 PAGE OF PAGES ORDER FOR SUPPLIES OR SERVICES 6. SHIP TO: 2. CONTRACT NO. (If any) 1. DATE OF ORDER GS10F0105N 09/12/2005 3 1 IMPORTANT: Mark all packages and papers with contract and/or order numbers. a. NAME OF CONSIGNEE 3. ORDER NO. Multiple …
$12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set by $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Settlements A federal court in New York awarded attorneys' fees of $10,858 and costs of $1,144.95 for a total of …
Article • May 15, 2005 • from PLN May, 2005
Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash by A Michigan prisoner has been awarded $376,525 for back injuries sustained in a prison van crash. Lorenzo Johnson, a 40-year-old state prisoner, was being transferred from one prison to another when the van he was riding in hit a …
Florida Jury Awards $3,000,000 for Medical Negligence Causing Prisoner's Death by After a seven-day trial, a Florida jury awarded $3,006,200 to the plaintiffs in a lawsuit claiming medical negligence, causing the death of a Florida prisoner. This was brought by the estate of prisoner Clifford E. Jones, Jr., 35, against …
Michigan's Restrictive Placement Of HIV+ Prisoners Enjoined; $2 Million Damages Awarded by by John E. Dannenberg Winning a fifteen year state court battle, Michigan prisoners who tested positive for HIV (AIDS virus), and who were otherwise eligible to serve their time in community residential programs, camps or farms, gained the …
PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by Bob Williams On November 12, 2004, Colorado Federal District Court Judge Wiley Daniel dismissed all official capacity claims, one defendant, and one substantive claim in PLN's suit over ADX censorship …
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