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Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit by The Sixth Circuit Court of Appeals held that, pursuant to the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a prisoner's medical malpractice action was filed as of the date he delivered it to …
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams The Third Circuit Court of Appeals has found that the PLRA's exhaustion requirement is an affirmative defense to be pled by the Defendant. A district court …
Article • June 15, 2003 • from PLN June, 2003
Incarcerated Father Retains Child Visitation Rights by The Arizona Court of Appeals recently held that an incarcerated father had a right to visits with his infant daughter, absent proof that such visitation would harm the child. Michael M. is the father of Corianna M. Both Michael and Corianna's mother lost …
Article • June 15, 2003 • from PLN June, 2003
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident by The Seventh Circuit Court of Appeals held that a district court erred in failing to make findings of fact on critical issues, excluding the deposition testimony of a prisoner as hearsay, and in failing to conduct a …
Article • June 15, 2003 • from PLN June, 2003
Filed under: News, News in Brief
News in Brief by Arkansas: On March 25, 2003, Fulton county jail prisoners Bobby Woodrum and Brian Shanckle, both 19, escaped from the jail by handcuffing a female jail guard to a chair, stealing guns and ammunition and running off in the jail's jeep. They were recaptured without incident ten …
Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Matthew T. Clarke On May 1, 2002, two guards and an assistant warden were convicted in federal court of charges relating to the beating of a …
New Mexico Supreme court Affirms Dismissal of Phone Rate Suit by New Mexico Supreme Court Affirms Dismissal of Phone Rate Suit The New Mexico Supreme Court affirmed a district court's dismissal of an excessive phone rates case for failure to state a claim. Recipients of collect telephone calls from New …
Article • June 15, 2003 • from PLN June, 2003
Texas Tries to Hire Incompetent Doctors to Review Medical Care by by Matthew T. Clarke In October, 2002, Chancellor of the University of Texas (UT) System Mark Yudof asked Texas Health Commissioner Eduardo Sanchez to appoint a three-member panel of experts "with laudable records in correctional health care" and without …
Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams Retaliatory Prisoner Transfer for Exercising First Amendment Rights is "Adverse Determination" Under the Privacy Act by Bob Williams The Court of Appeals for the DC Circuit has held that the reclassification and …
Article • June 15, 2003 • from PLN June, 2003
Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E Dannenberg Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E. Dannenberg The California Supreme Court held that evidence seized by a police officer accompanied by the ex-parolee's parole officer during a warrantless search of the ex-parolee's motel room must …
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners by PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners A federal district court in Puerto Rico has denied the defendant's motion for new trial in an excessive force case, and awarded attorney fees and costs to …
Article • June 15, 2003 • from PLN June, 2003
Texas Prisoners Have Limited Right to Appear at Expungement Hearing by Texas Prisoners Have Limited Right to Appear at Expungement Hearing by Matthew T. Clarke Guadalupe Guajardo, Jr., a Texas state prisoner, filed a motion to expunge the record of two of his prior arrests pursuant to Articles 55.01 and …
Article • June 15, 2003 • from PLN June, 2003
Washington DOC Settles ADA Suit for $8,000 by Roger Smith In July 2002, Washington State Department of Corrections (DOC) officials agreed to pay Roger Smith and his disabled wife Laurie $8,000 to settle their lawsuit under 42 U.S.C. § 12132 et seq, Title II of the Americans With Disabilities Act …
Seventh Circuit Vacates $1.8 Million Award in BOP Suicide by by Mathew T. Clarke The Seventh Circuit Court of Appeals has reversed a case in which the survivors of a federal prisoner who committed suicide in jail received a $1.8 million award, rendering judgment in the government's favor. Robert Johnson, …
Injunction Allows Legal Mail Between Iowa Prisoners by The U.S Court of Appeals for the 8th Circuit recently upheld a preliminary injunction enjoining Iowa prison officials from interfering with prisoner-to-prisoner legal mail. The U.S. District Court for the Southern District of Iowa imposed the injunction to ensure the prisoners' right …
"Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) by "Atypical And Significant" Hardship Segregation Claim Cannot Be Dismissed Under §1915(e)(2) The Tenth Circuit Court of Appeals has found that a claim that 75 days in punitive segregation is atypical and significant cannot be dismissed by the district …
Article • June 15, 2003 • from PLN June, 2003
$345,000 Settlement in Pennsylvania Jail Rape Suit by $345,000 Settlement in Pennsylvania Jail Rape Suit On September 11, 2002, Bucks County, Pennsylvania, agreed to settle a federal lawsuit brought by seven female county jail prisoners who were raped by male jail staff by paying them $345,000. The rape of female …
$14 Million Settlement in U.S. Corrections Corporation Pension Plan Suit by Michael Rigby In accordance with a July 29, 2002 ruling by U.S. District Judge Jennifer B. Coffman, as many as 700 former guards who worked at private prisons in Kentucky operated by U.S. Corrections Corp. could share in settlement …
Alaska Prisoners' Benefits Extended to Arizona by The Supreme Court of Alaska sustained a lower court's ruling which provisionally allowed Alaska prisoners to be transferred to an Arizona prison, required the Arizona facility to comply with Alaska's prison overcrowding settlement agreement, and found the Alaska prisoners' challenge to the process …
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