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100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged by According to the Toronto Star, on September 20, 2002, more than a hundred prisoners at the privately-run Superjail in Penetanguishene, Ontario, used a battering ram to attempt an escape. According to the Ontario Provincial Police, the prisoners, …
Article • November 15, 2003 • from PLN November, 2003
Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners by A federal district court for the District of Columbia granted an injunction to a class of Rastafarian and Muslim prisoners holding the requirement that those prisoners must cut their hair or shave their beards imposes a substantial burden on their …
Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim by The Washington State Supreme Court upheld a trial court's judgment for the State in a negligent parole supervision case, brought by a woman who was abducted and raped by a paroled sex offender. In 1993, Byron Schref was paroled …
Article • November 15, 2003 • from PLN November, 2003
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case by The United States Court of Appeals for the First Circuit reversed a district court's Rule 12(b)(6) dismissal of a failure to protect action, holding that the complaint sufficiently stated a claim for failure to protect. On August 30, 1999, Jesus …
Article • November 15, 2003 • from PLN November, 2003
Confinement for Nonpayment Without Willfulness Violates Due Process by Confinement for Nonpayment Without Willfulness Violates Due Process, Washington Courts Have 10 Years to Collect Fines The Supreme Court of the State of Washington, sitting en banc, held that defendants cannot be jailed for failure to pay fines, in the absence …
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Article • November 15, 2003 • from PLN November, 2003
Texas Courts Clarify Prisoners' Right to Civil Bench Warrant by by Matthew T. Clarke The mechanism for a Texas pro se prisoner to gain transport to court for a hearing is to file a motion for bench warrant or petition for a writ of habeas corpus ad testificandum (WHCAT). Two …
Article • November 15, 2003 • from PLN November, 2003
Education in Prison Declines by In a special report issued in January 2003, the Bureau of Justice Statistics (BJS) found that participation rates in prison education programs declined 5% from 1991 through 1997, although the total number of prisoners in education programs rose with the prison population in the United …
Article • November 15, 2003 • from PLN November, 2003
Gay Prisoners Not Entitled to Double-Occupancy Cell by Gay Prisoners Not Entitled To Double-Occupancy Cell The Fourth Circuit U.S. Court of Appeals held that legitimate penological interests supported a prison policy to restrict homosexual male prisoners to single celled housing while at the same facility yet permitting homosexual female prisoners …
Article • November 15, 2003 • from PLN November, 2003
Incarceration Not Grounds for Termination of Parental Rights in Nevada by In two separate parental rights cases, the Nevada Supreme Court held that imprisonment alone is not sufficient grounds for termination of parental rights. In 1997, the minor child Q.L.R. was born to Roger R. and his wife, Dina M. …
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA by Bob Williams The Court of Appeals for the Ninth Circuit has held that post-judgment attorney fees are compensable under the Prison Litigation Reform Act (PLRA), though subject to the PLRA's rate cap of $112.50 an hour. In 1991, Robert Webb, …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Article • November 15, 2003 • from PLN November, 2003
America Without the Death Penalty: States Leading the Way by Robert Woodman America Without the Death Penalty: States Leading the Way by John F. Galliher, Larry W. Koch, David Patrick Keys, and Teresa J. Guess. Northeastern Univ. Press, Boston, 2002, 280 pages, hardcover $35.00 Review by Robert H. Woodman Death …
Article • November 15, 2003 • from PLN November, 2003
Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee by Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fees The Oklahoma Supreme Court upheld a trial court order directing an indigent prisoner to pay partial filing fees from future prison labor earnings. Eugene Smith, an Oklahoma prisoner, petitioned …
Article • November 15, 2003 • from PLN November, 2003
Video-Visits Out in New Mexico Prisons by Gary Hunter After two years, the draconian practice of video-only visitation was abolished in New Mexico prisons. "I believe we can achieve the same security goals with non-contact visits," said newly installed Corrections Secretary Joe Williams. "Keeping an inmate's family ties are important," …
Guard Awarded $515,813 Against Private Medical Provider by A Florida Jury awarded a Martin County Jail guard, Ronald Keeler, $515,813 against a private medical provider. Keeler sued Correctional Physician Services (CPS), who provided medical care to jail prisoners, and New Horizons of the Treasure Coast, Inc., who was a subcontractor …
Article • November 15, 2003 • from PLN November, 2003
Oklahoma Jail Pays $385,000 Settlement in Baby's Death by Oklahoma Jail Pays $385,000 Settlement in Baby's Death On December 11, 2002, Oklahoma County, Oklahoma agreed to settle a medical neglect suit by paying $385,000 to Deborah Smith, 31, a former prisoner in the Oklahoma county jail. While imprisoned in the …
Article • November 15, 2003 • from PLN November, 2003
Arizona Surcharge on Fines Upheld by Arizona Surcharge On Fines Upheld The Arizona Supreme Court recently upheld A.R.S. 16-954(C) which imposes a 10% surcharge on civil and criminal fines, with a portion of the proceeds to fund political campaigns. Steven May, an Arizona legislator, received a $27 parking ticket but …
Brief • November 11, 2003
Ziemba v Armstrong Ct Plf Motion to Compel Prisoner Beating 2003.pdf UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ________________________________ ) ) ) V. ) ) JOHN ARMSTRONG, ET AL ) ________________________________) DUANE ZIEMBA CIVIL ACTION NO. 3:98CV2344 (JDH)(HBF) NOVEMBER 11, 2003 MOTION TO COMPEL VIDEOTAPES AND FOR SANCTIONS; MEMORANDUM OF …
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