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$850,000 Settlement in LA County Jail Failure to Medicate Wrongful Death by The County of Los Angeles (LA), California settled a wrongful death claim on March 14, 2003 brought by the wife of an LA County Jail prisoner who died 2 ½ days after incarceration in August, 1999 because he …
CCA Abuse Goes Unpunished at New Jersey INS Detention Center by Mark Dow Maybe it was cynical courtroom theatre, or maybe the attorney for the Corrections Corporation of America (CCA) believed it when he ridiculed the very idea that prison guards would retaliate against prisoners for conducting a hunger strike …
Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court by Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court The Seventh Circuit U.S. Court of Appeals remanded a prisoner's respondent superior (supervisory) medical negligence claim to the Indiana state courts, because although the claim was not …
Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated by Reversing the Supreme Court of South Carolina, the United States Supreme Court, in a unanimous decision, held that 28 U.S.C. § 1367(d) is constitutional. The decision reinstates a judgment against a South Carolina county jail in a wrongful death claim. …
Wisconsin Prisoners' Riot Charges Expunged From Records by The Wisconsin Court of Appeals has affirmed a circuit court's order overturning and expunging seven prisoners' disciplinary infractions for participating in a riot, barring future disciplinary action premised upon the riot, but allowing proceedings for future administrative confinement for involvement in the …
Article • January 15, 2004 • from PLN January, 2004
$124,000 Awarded in New York Prison Bus Crash by On November 7, 2002, at a bench trial, the New York Court of Claims, Rochester, awarded Evin Lashbrook $124,000. In November 1996, Lashbrook was driving a truck when he was struck from behind by a New York State Department of Correctional …
Administrative Exhaustion Required in Pre-PLRA BOP Phone Suit by The U.S. Sixth Circuit Court of Appeals has ruled that the administrative remedies exhaustion requirement of the Prison Litigation Reform Act (PLRA) must be met even where a court approved settlement reached prior to the PLRA's enactment does not so require. …
No Constitutional Right to Privacy for Naked Woman Arrestee by In a 2-to-1 decision, the U.S. Court of Appeals for the Eighth Circuit reversed a U.S. District Court's grant of relief on three federal privacy claims but upheld judgment under state law for an Iowa arrestee who was strapped naked …
Article • January 15, 2004 • from PLN January, 2004
Frivolous Litigator Must Prepay Appellate Filing Fees by Frivolous Litigator Must Prepay Appellate Filing Fees A divided Tenth Circuit U.S. Court of Appeals ruled that a prisoner who had been labeled a "three strikes" frivolous litigator could raise a jurisdictional appellate question, but he could not gain an appellate ruling …
Article • January 15, 2004 • from PLN January, 2004
$25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton On February 13, 2003, a State Court of Claims judge in Albany, NY ruled that a former prisoner at the Washington Correctional …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
Article • January 15, 2004 • from PLN January, 2004
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg by John E. Dannenberg The New Hampshire Supreme Court held that state law RSA 622:7-b, which imposed a 5% surcharge on the price of all commissary sales, amounted to a disproportionate tax in violation of the New …
Maryland Detainee Chained to Pole Awarded Damages, but No Fees by The U.S. Fourth Circuit Court of Appeals has affirmed in part a jury award of damages against Maryland police officers who left an arrestee tied to a pole in a deserted parking lot. The court also affirmed denial of …
First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …
Article • January 15, 2004 • from PLN January, 2004
Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a prisoner's claim that he suffered cruel and unusual punishment when he was placed in solitary confinement and fed a nutritionally inadequate diet. …
Article • January 15, 2004 • from PLN January, 2004
Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps by Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps A Massachusetts Appellate Court has held Article 46, §1 of the Amendments to the Massachusetts Constitution allows prisoners to possess and wear kufi caps. Saifullah Abdul-Alazim, a prisoner at the Massachusetts Correctional Facility …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Use of Pepper Spray States Eighth Amendment Claim by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court's denial of summary judgment for prison guards who pepper sprayed a prisoner and threw him to the ground. In October 1998, prison guards confiscated a radio from the …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Brief • December 30, 2003
Brooks v. WDOC, WA, Order dismissing case due to settlement, PLRA, 2003 , ~. '. lICK 13:1U FAX' 12/15/03 ~ . 1 ·1-·~:3::~\· 2 3 , 4 . lf1i1S'Nr~~&em:fT~ ---- , 1 'Iha HBS1O&'8b1e ROBBRT J. BRYAN 8 . 9 10 . 11 1JNlTBD STATES DI8TIlIC1'COYlR.T WESrBRNDJ8nu;crOJlWASBINGTON AT TACOMA. . …
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