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No Qualified Immunity for Florida Jail Guards in Prisoner Murder by The U.S. Eleventh Circuit Court of Appeals, in a case involving a Florida pre-trial detainee's death at the hands of a mentally ill co-prisoner, affirmed denial of qualified immunity to two guards at the North Broward Detention Center (NBDC) …
Article • August 15, 2004 • from PLN August, 2004
Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints by The Seventh Circuit Court of Apeals held the attachment of grievances to a complaint, for the purpose of demonstrating exhaustion of remedies, does not permit holding that the plaintiff vouches for the truth of the statements in …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
Adams v. CCA, CO, Exhibits Part 1 Plfs Interviews, Prisoner Riot, 2004 EXHIBIT C_ Part one PARTIAL LIST OIG/CCA INTERVIEWS OF PLAINTIFFS Name Bate Number Sean Andrews Kevin Drum Tommy Romero Carl Yens Jared Adams Oto Fanoali (Fanoali Oto) Roy Gibbens Jay Silva Gerard Glieforst Jeremy Willison Brian Skinner Robert …
Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials by Michael Rigby The United States Fifth Circuit Court of Appeals has vacated and remanded the jury verdict in a Texas prisoner's failure-to-protect suit because the prisoner had not provided evidence supporting a jury finding of deliberate indifference against prison officials. …
No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial by No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment favoring certain prison guards …
Article • July 15, 2004 • from PLN July, 2004
Michigan Grievances Exhausted Upon Fair Notice of Claim by The Sixth Circuit Court of Appeals held that a district court erred when it found that a Michigan prisoner failed to exhaust available administrative remedies and dismissed his § 1983 action on that basis. Michigan prisoner Ronnie Burton brought suit against …
Overcrowding Forces Alabama Prisoners Into Private Prison Web by Gary Hunter Court orders have forced Alabama to reduce the number of prisoners in its county jails and send half of its prison population to two other states. Until recently the Alabama Department of Corrections (DOC) had crammed 28,000 prisoners into …
Court Vacates Connecticut Jury Award of $30,000 for Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter A Connecticut federal district court vacated a jury award of $30,000 because the prisoner plaintiff failed to exhaust administrative remedies. Connecticut prisoner Lori Hock sued guard Paul Thipedeau for violating …
Article • July 15, 2004 • from PLN July, 2004
Failure to Treat Transsexual for Self-Mutilation States Claim by The Fourth Circuit Court of Appeals held the failure of prison officials to treat a prisoner for self-mutilation states an Eighth Amendment claim. The civil rights action was filed by Virginia prisoner Ophelia Azriel De'Lonta, who suffers from gender identity disorder …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Article • July 15, 2004 • from PLN July, 2004
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
Article • July 15, 2004 • from PLN July, 2004
$1.5 Million Verdict in NYC Jail Medical Malpractice Death by A jury awarded $1.5 million on January 23, 2004 for the wrongful death of a 37 year-old mother of six who died on September 30, 1998 in a New York City (NYC) jail holding cell from improper medications given her. …
Article • July 15, 2004 • from PLN July, 2004
Arizona Prison Director Has Poor Track Record by Michael Rigby A federal judge in Missouri has refused to accept sworn testimony from Arizona Department of Corrections (ADOC) Director Dora Schriro, adding yet another chapter to Schriro's continuing saga of security lapses, deceit, and disappearing evidence. Before signing on as director …
Controversy and Lawsuits Surround South Texas Private Prison Deals by by Matthew T. Clarke Cotulla, a south Texas town known or the illegal drug-sting convictions of a quarter of its African-American citizens, now has a new claim to infamy -- private prison scams. Cotulla, population 3,000, is the county seat …
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