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Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint by Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint Nathan Essary, a slightly built 22-year-old prisoner, was gang-raped at the Rogelio Sanchez State Jail near El Paso, Texas. Following the rape, Essary was transferred …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
Article • May 15, 2003 • from PLN May, 2003
Filed under: Sentencing, Parole
Ohio Supreme Court Orders Changes in Parole Board Procedures by Robert Woodman On December 18, 2002, in a 6-1 decision, the Ohio Supreme Court ordered a fundamental change in the way the Ohio Adult Parole Board, a division of the Adult Parole Authority (APA), makes parole determinations. The decision may …
No Qualified Immunity Defense for Florida Beatings by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that prison guards at the Florida State Prison (FSP) who beat prisoner David. C. Skrtich are not entitled to dismissal. Two of the defendants, Timothy A. Thornton and …
California Pays $1.1 Million in Prison Sexual Harassment Suits by In August 2002, California prison officials agreed to pay a settlement of $400,000 to former guard Terri Sanchez in the latest in a series of suits for aggravated sexual harassment filed by female guards at the California Correctional Center in …
Article • May 15, 2003 • from PLN May, 2003
Twenty Years for Flinging Feces on Texas Guards by On June 23, 2002, in the first case prosecuted before a jury under a new harassment law, a Texas jury convicted a prisoner of harassment and sentenced him to 20-years in prison. Jeffery Wayne Wheatly, a 35-year old Texas state prisoner, …
Article • May 15, 2003 • from PLN May, 2003
Washington Prisoner L & I Statutes Struck Down by Washington Prisoner L & I Statutes Struck Down The Washington Supreme Court struck down a statutory scheme which denies labor and industries benefits to state prisoners with life sentences and no dependents. RCW 51.32.040(3) and 72.60.102 were declared unconstitutional. because they …
Article • May 15, 2003 • from PLN May, 2003
BOP Communion Wine Ban Challenged by David Reutter by David M. Reutter The Court of Appeals for the District of Columbia has reversed the grant of summary judgment favoring prison officials in a Bivens action filed by Catholic Christian prisoners at the Federal Prison Camp in Pensacola, Florida, which challenged …
Injury Report Satisfies Texas Tort Claims Actual Notice Requirement by by Matthew T. Clarke A Texas state court of appeals has ruled that the safety investigation and accident report of an accident in which a prisoner was injured gave the prison system actual notice of the prisoner's claim as required …
Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit by John E Dannenberg by John E. Dannenberg The Sixth Circuit US Court of Appeals ruled that a prison psychologist's awareness of a prisoner's potential for suicide was sufficient to defeat the psychologist's qualified immunity defense in a 42 U.S.C. § 1983 …
Article • May 15, 2003 • from PLN May, 2003
BJS Summarizes State Sex Offender Registries by The Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, released a state-by-state summary of the Sex Offender Registries (SOR's) throughout the United States. The report, released in March 2002, compared the states' SOR's in February 2001 to BJS's …
Article • May 15, 2003 • from PLN May, 2003
Texas Guard's Conviction Reversed by A Texas court of appeals has reversed for retrial the conviction of former Texas City Unit TDCJ-ID guard Charles Melvin Page for sexual assault and impersonating a police officer. Page was convicted of having flashed a badge, claimed he was a cop, and demanded oral …
Article • May 15, 2003 • from PLN May, 2003
No Right to Artificial Insemination by John E Dannenberg by John E. Dannenberg The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his …
Article • May 15, 2003 • from PLN May, 2003
ADA Liability Extends to New Jersey County Jail and Vicinage by The U.S. Third Circuit Court of Appeals, reversing a New Jersey District Court, has held that the Americans with Disabilities Act (ADA) extends to a county jail and to a New Jersey Vicinage that was not, at the time …
Article • May 15, 2003 • from PLN May, 2003
Texas Pro Se Litigant Entitled to Notice of Hearing by Texas Pro Se Litigant Entitled to Notice of Hearing A Texas court of appeals has held that a pro se litigant who files an affidavit of indigence, when seeking to appeal an adverse ruling in a civil case in forma …
Article • May 15, 2003 • from PLN May, 2003
Head of Counsel for Texas Prisoners Fired by In September 2002, the Texas Board of Criminal Justice fired John Fant, head of the State Counsel for Offenders (SCFO), after an investigation revealed that he had lied on a 10-year-old employment application. In a written statement, the prison board alleged that …
Article • May 15, 2003 • from PLN May, 2003
Dismissal for Failure to Allege Physical Injury Improper by Dismissal for Failure to Allege Physical Injury Improper The Second Circuit Court of Appeals held that dismissal under42 U.S.C. § 1997e(e) for failure to allege physical injury was improper where a prisoner's complaint requests injunctive and/or declaratory relief and the pleadings …
Brief • May 14, 2003
Judd v. Att, Wa, Phone Rates, 2003, Petition for Review
Brief • May 14, 2003
Newton v Arpaio - Az - Conditions Case - Order of Dismissal 2003
Brief • May 14, 2003
Filed under: Telephones
Judd v Att Wa Petition for Review Phone Rates 2003 -J -.: fILE COpy RECEIVED RECEIVED COURT OF APPEALS MAY' ,14:2003 P.TON OATS , !W8 LIJI COURT OF APPEALS NO. 48075_8_~IVISJON ONE MAY 1 4 2003 SUPREME COURT OF THE STATE OF WASHINGTON RECEIVED MAY 14 2003 STOEL RIVES LLP …
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