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New York Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A panel of the Second Circuit court of appeals has upheld a New York federal district court's ruling that the blanket strip search policy of Nassau County, New York, which allows visual body cavity searches of all incoming …
Article • March 15, 2003 • from PLN March, 2003
Release of Medical Liability May Establish Deliberate Indifference by The Eighth Circuit Court of Appeals has held that a consent to surgery releasing liability may establish deliberate indifference to medical care. In 1996, David Wayne Vanderbeck (Beck), a Minnesota state prisoner, began suffering numbness and cramping caused by a bullet …
Article • March 15, 2003 • from PLN March, 2003
Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas by The court of appeals for the Seventh circuit held that a prisoner's failure to present his claim of hearing officer bias in an administrative appeal waived the claim on habeas review. Steven Eads, an Indiana state prisoner, was …
Woman Gang Raped in Back of Jail Van by In August 1999, four Connecticut men sexually assaulted an unnamed female prisoner while being transported together in a New Haven County Sheriff's Department van. The men, who were also prisoners, allegedly broke down a metal gate separating them from the woman, …
Article • March 15, 2003 • from PLN March, 2003
Filed under: News, News in Brief
News in Brief by Arizona: Protesting the seizure of property sold to them by the prison but which does not meet current prison property rules, on November 18, 2002, hundreds of prisoners at the Arizona State Prison Complex in Florence started fires from electrical outlets in their cells and threw …
Article • March 15, 2003 • from PLN March, 2003
Home Detainee Has Fourth Amendment Rights by The Supreme Court of Virginia has held that a defendant who entered the Fairfax County Sheriff's Electronic Incarceration Program (Program) did not automatically waive his right to privacy of his home by agreeing to enter the Program. Upon entering the Program, Michael L. …
Class Action Filed on Washington DOC Seizure of Tribal Funds by On March 29, 2002, a class action suit was filed in a Washington federal court on behalf of all Native American prisoners in the Washington prison system who have had tribal trust funds seized by the Washington Department of …
$90,169 Plus Injunction in California Retaliation Suit by by John E. Dannenberg In a jailhouse lawyer retaliation suit where both expungement of prison records and $9,000 in damages were awarded, the US District Court (E.D. Calif.) awarded $2,000 for expenses, $8,447 in costs and $70,812 in attorney fees because the …
Article • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Hawaii Prison Doctor's Retaliation Judgment Upheld by The Ninth Circuit US Court of Appeals affirmed the USDC (D. Hawaii) judgment [PLN, June 2001: "Prison Doctor Wins $654,471 In Retaliation Suit"] based on First Amendment violations, expressly noting that in such retaliation suits, "mixed-motive" analysis applies regardless of whether the plaintiff …
Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney …
Article • March 15, 2003 • from PLN March, 2003
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached by The Ninth Circuit US Court of Appeals held that veterans benefit funds deposited to a state prisoner's prison trust account could not be attached by prison authorities, even to pay an overdraft they accorded him for dental appliances he …
Article • March 15, 2003 • from PLN March, 2003
North Carolina DOC Supervisor Implicated in Scandal by The Chief of Security for the North Carolina Department of Corrections, Charles K. Stewart, allowed his friend, Oscar "Pappy" Adkins,to bilk the state out of tens of thousands of dollars for training services, alleges an internal audit report completed in June 2002. …
Denial of Reporter's Access to Jail Unconstitutional by An Illinois Federal District Court has granted summary judgment in favor of a reporter denied access to the Cook County Jail. Access to a legal aid program for incarcerated mothers was denied in retaliation for a previously published and unflattering article. Tori …
Article • March 15, 2003 • from PLN March, 2003
Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment by by John E. Dannenberg The Ninth Circuit US Court of Appeals reversed a district court's grant of defendant's motion for summary judgment because the district judge failed to give fair notice to the pro se prisoner …
Article • March 15, 2003 • from PLN March, 2003
Medical Claim Accrues on Last Date of Treatment Denial by The Seventh Circuit Court of Appeals has held that a prisoner's medical claim accrues on the last date that he was refused treatment and damages could be claimed back to the first date of refusal. Delbert Heard was in the …
Brief • March 14, 2003
Fegans v Norris - Ar - Religion Case - Complaint 2003 Case 4:03-cv-00172-JMM Document 1 Filed 03/14/2003 Page 1 of 25 Case 4:03-cv-00172-JMM Document 1 Filed 03/14/2003 Page 2 of 25 Case 4:03-cv-00172-JMM Document 1 Filed 03/14/2003 Page 3 of 25 Case 4:03-cv-00172-JMM Document 1 Filed 03/14/2003 Page 4 of …
Brief • March 14, 2003
Inmates of Bucks County Correctional Facility v County of Bucks Pa Order to Quash Subpoena Medical Care 2003 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA INMATES OF THE BUCKS COUNTY CORRECTIONAL FACILITY, etaj, : $$¿ : COUNTY OF BUCKS, et al. CIVIL ACTION : .-0 …
Brief • March 12, 2003
Cisneros v Washington Doc Wa Complaint Campylobacter Infection 2003 , '. CLAIM FORM STANDARD TOl General Uabilify Claim Form #SF 210 Pursuant to RCW 4.92. this form Is provided'for your convenience when flling a tort claim against the State of Washington. InformaUon requested . on this form is required to …
Brief • March 11, 2003
Jones v. Markham et al, IL, Complaint, Wrongful Conviction Imprisonment, 2003 • 1 > Attorney Code: 55091 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION RONALD JONES, ) ) ) ) Plaintiff, v. No. 00 L 5608 ) JOHN MARKHAM, #2913, STEVEN HOOD, ) #11885, CARL …
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