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Article • May 15, 2004 • from PLN May, 2004
Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment by In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins …
Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David Reutter Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David M. Reutter Wilson County and City of Lebanon, Tennessee, jail officials agreed to pay the widow of Walter Steven Kuntz $450,000 …
Article • May 15, 2004 • from PLN May, 2004
$252,000 Awarded in Kansas Prisoner's Suicide by The suicide of Scotty Ray Sisk, a prisoner at Kansas' Shawnee County Department of Corrections (KDOC) has resulted in an award of $252,000 to his parents. On July 6, 1999, Sharon Sisk called the prison and told guard Joel Manzanares that she thought …
Article • May 15, 2004 • from PLN May, 2004
Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion by Dismissal of Prisoner's Divorce Petition Is Abuse of Discretion A Texas state court of appeals has reversed the dismissal for want of prosecution of a Texas prisoner's divorce action. Joe Lee Buster, a Texas state prisoner, filed a suit for …
Article • May 15, 2004 • from PLN May, 2004
Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David Reutter Ohio Native American Prisoner Granted Injunction to Grow Long Hair by David M. Reutter An Ohio federal district court has granted a prisoner at Ohio's Madison Correctional Institute (MCI) a preliminary injunction that allows him to grow …
Mandamus Available to Review Oregon Disciplinary Orders by The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees. For many years, Oregon prisoners could challenge certain prison disciplinary …
Article • May 15, 2004 • from PLN May, 2004
PLRA Physical Injury Rule Applied to Non-Prison Case by PLRA Physical Injury Rule Applied to Non-Prison Case The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even if such custody occurred outside prison walls. …
Article • May 15, 2004 • from PLN May, 2004
Missed HIV Medication Did Not Create a Serious Medical Need by The U.S. Court of Appeals for the Second Circuit affirmed a district court's denial of a motion for new trial by an HIV+ prisoner who complained that there was insufficient evidence to support the jury's verdict against him. Willie …
Article • May 15, 2004 • from PLN May, 2004
Washington Medical Claim Reinstated by The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices. WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for …
Article • May 15, 2004 • from PLN May, 2004
Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David Reutter Private Settlement Agreement Prohibits Award of Attorney Fees and Costs by David M. Reutter In a case of great importance to lawyers litigating prisoner actions where private settlement agreements are a consideration, the Eighth Circuit Court of …
Article • May 15, 2004 • from PLN May, 2004
Physical Injury Rule Doesn't Bar Strip Search Suit by Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar …
Article • May 15, 2004 • from PLN May, 2004
Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists by David Reutter by David M.Reutter The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final …
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Article • May 15, 2004 • from PLN May, 2004
Excessive Heat Still Plagues Baltimore Women Detainees by Bob Williams Despite a 2002 federal district court Consent Order finding conditions at the Women's Detention Center of the Baltimore City Detention Center (WDC) unconstitutional due to excessive heat and despite an injunction issued to immediately remedy the problem, WDC women continue …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
Brief • May 13, 2004
Filed under: Jury Instructions
Trinity Door v. Oconee Co, GA, Jury Instructions, government accountability witness credibility, 2004 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page 1 of 12 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page 2 of 12 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page 3 of 12 Case 3:02-cv-00067-CAR Document 59 Filed 05/13/04 Page …
City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee by The California Supreme Court ruled that California Govt. Code § 844.6(a)(2) [governmental immunity for injury to prisoner] prevented a city jail detainee who had been beaten by another drunk tank prisoner from maintaining a …
County May Be Liable for Private Prison's Customs and Policies by Bob Williams County May Be Liable For Private Prison's Customs And Policies by Bob Williams The New Mexico federal district court has held that a county could potentially be liable under 42 U.S.C. § 1983 for the customs and …
Article • April 15, 2004 • from PLN April, 2004
Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions by Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions Federal district court Chief Judge Bar-bara B. Crabb, of the Northern District of Wisconsin, has decided that all pro se prisoner plaintiffs filing in this district must file and …
Article • April 15, 2004 • from PLN April, 2004
Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow Prison Mailbox Rule Applies To Civil Rights Complaint by Jon Michael Withrow The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding …
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