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Article • February 15, 2003 • from PLN February, 2003
Washington Police Scientists' Work Under Scrutiny by Innocence Project Northwest (IPNW) is undertaking a review of cases in which Washington State Patrol scientists Arnold Melnikoff and Michael Hoover conducted forensic testing or offered expert testimony. It was recently revealed that Melnikoff engaged in scientific fraud during his tenure as the …
Article • February 15, 2003 • from PLN February, 2003
Protecting Your Health and Safety: A Litigation Guide for Inmates by Paul Wright by Robert Toone, Southern Poverty Law Center, 2002, 328 pages Review by Paul Wright The bottom-line for most prisoners is surviving prison. That means staying healthy, getting medical care as needed in a safe environment and not …
Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
System Examined in Death of Washington Prisoner by Angela Galloway By the time the guard helped him, the 32-year-old burglar's eyes and skin glowed yellow. Curled up on his metal bunk at McNeil Island Correctional Center, Phillip Montgomery's lanky, athletic body lay weak from days of pain and vomiting. A …
Article • February 15, 2003 • from PLN February, 2003
Summer Uprisings in Three Southern Jails by As temperatures rose last summer, so did tensions in some southern jails. Guards at the Craighead County jail in Jonesboro, Arkansas, used tear gas and stun guns to regain control of a cell block that housed 27 prisoners. Four prisoners received minor injuries …
Article • February 15, 2003 • from PLN February, 2003
Washington DOC Settles Hep C Death Suit for $1 Million by Washington DOC Settles HEP C Death Suit for $1 Million On October 30, 2002 the Washington Department of Corrections agreed to pay $1 million to the family of Philip Montgomery to settle a wrongful death suit filed by his …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Excessive Force, Restraints
$15,555 Awarded to Beaten Pennsylvania Prisoner by On July 15, 2002, a federal jury awarded $15,555 to prisoner Corey Jones. Jones was a minimum security state prisoner who was subpoenaed to testify at a hearing in Bucks County, Pennsylvania. Jones was shackled and handcuffed when he had an exchange with …
Boston Jail Strip Searches Unconstitutional by John E Dannenberg by John E. Dannenberg A Boston City Police Department (BPD) policy of invasive and degrading strip-searching of all female detainees, regardless of the cause of their detention, while not similarly treating male detainees, violated the unreasonable search provisions of the Fourth …
$10 Million Settlement in Boston Strip Search Suit by On July 8, 2002, both Suffolk County and the City of Boston entered into a settlement agreement to pay $10 million for violating the equal protection rights of female detainees at the Suffolk County Jail who, unlike similarly situated male detainees, …
$1 Million New York Jail Beating Settlement by On April 19, 2002, Nassau County, New York, agreed to pay $1 million to Gary Boylan who was seriously beaten by jail guards after being falsely charged with attempted to lure a six year old girl into his car. Boylan, 52, suffers …
Article • February 15, 2003 • from PLN February, 2003
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
Court Orders Hospitalization for Federal Pretrial Detainee by A federal court in Maryland held that a federal pretrial detainee was entitled to be transferred to a hospital or infirmary for the duration of his pretrial detention due to inadequate medical care while in custody of U.S. Marshals. Trevor Wallen, a …
Article • February 15, 2003 • from PLN February, 2003
No Probation in Arizona Jail Drug Possession by The Arizona court of appeals held that Proposition 200, which mandates probation for drug possession offenses, does not apply to drug possessions that occur in detention facilities. Edwin Roman was convicted of promoting prison contraband and possessing dangerous drugs after guards in …
Article • February 15, 2003 • from PLN February, 2003
Jury Awards $392,000 for Failure to Protect New York Jail Prisoner by A federal district court in New York has denied a guard's motion seeking judgment as a matter of law, or for a new trial after a jury awarded a prisoner $392,000 total damages for the guard's failure to …
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
Prisoner's Estate Survives Summary Judgment on Medical Policy Claims by A federal district court in Michigan held that issues of fact as to whether prison officials adopted a policy discouraging necessary health care precluded summary judgment. Roscoe Young was incarcerated in a prison of the Michigan Department of Corrections (MDOC) …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Sentencing, Good Time, Parole
Good Time on Alaska CS Sentences Subtracted from Aggregate Sentence by The Alaska Court of Appeals held that good time credits for prisoners serving consecutive sentences are subtracted from the entire sentence rather than against each separate sentence. The court also held that prisoners serving more than one sentence receive …
Alabama Jail Conditions Unconstitutional, County Liable by David Reutter by David M. Reutter The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Medical, Muscular
Ohio Appeals Court Upholds § 1983 Medical Care Claim by Ohio Appeals Court Upholds § 1983 Medical Care Claim Ohio's Fourth District Court of Appeals has partially reversed the dismissal of an Ohio prisoner's 42 U.S.C. §1983 complaint filed in state court. Ohio Department of Rehabilitation and Correction (DORC) prisoner …
Article • February 15, 2003 • from PLN February, 2003
Filed under: News, News in Brief
News in Brief by Arkansas: In early January, 2003, Little Rock district court judge Rodney Owens, 55, resigned from the bench a day after he qualified for a state pension. Owens was convicted in July, 2002, of registering a motor home at a fictional address in Oregon to avoid paying …
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