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Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Article • July 15, 2002 • from PLN July, 2002
Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea by A Washington Court of Appeals has held that a defendant in a criminal prosecution may sue his former trial attorney for legal malpractice after his conviction was reversed for ineffective assistance, despite the fact that he entered an Alford …
Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings by A Texas state prisoner won $130,000 in damages after it was shown that he was denied medical care and not protected from violent prisoners while held at Williamson County Jail near Austin. Martin DiCarlo, 39, filed suit in U.S. …
Article • July 15, 2002 • from PLN July, 2002
Wrongly Paroled Texas Prisoner Entitled to Street Time by by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that a prisoner erroneously released on parole was entitled to credit on both of his consecutive sentences for his time spent on the street. Earnest Millard, a Texas …
Article • July 15, 2002 • from PLN July, 2002
$603,500 in Washington Jail Guard Discrimination Suit by In November, 2001, a King County (Seattle) Superior Court jury awarded $603,500 in damages to Ralph Bunch, a former guard at the King County Juvenile Detention Center. In May, 1999, Bunch, who is black, filed suit against the county claiming he was …
Article • July 15, 2002 • from PLN July, 2002
Schenectady's Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A federal court in New York has held that the strip search policy of the City of Schenectady, New York, (the city) violates the Fourth Amendment prohibition against unreasonable searches. Elizabeth Gonzalez and Michael Fyvie, citizens who were allegedly …
Article • July 15, 2002 • from PLN July, 2002
Colorado Denial of Motion to Amend Complaint Reversed by The Colorado Court of Appeals held that provisions of the Colorado Government Immunity Act (CGIA) which precluded a prisoner's claim does not violate equal protection. The court also held that the trial court erred in denying the prisoner's motion to amend …
Article • July 15, 2002 • from PLN July, 2002
Alaska Filing Fee Statute Upheld by The supreme court of Alaska held that a state statute requiring prisoners to pay the filing fees in civil cases is constitutional, but that a superior court erred when it dismissed the plaintiff's case before the time limit it had imposed for the payment …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Reviews, Medical, Hepatitis
Book Review: Dr. Melissa Palmer's Guide To Hepatitis Liver Disease by Phyllis Beck Penguin Putnam, NY, 2000, pb. 457 pages Review by Phyllis Beck A big thumbs up for Dr. Melissa Palmer's Guide to Hepatitis Liver Disease . The book's information is up-to-date, it is fully indexed, it includes a …
Alabama Jail Enjoined for "Uncivilized and Hazardous Conditions" by Chief Judge Clemon of the Federal District Court, Northern District of Alabama, has preliminarily enjoined the Morgan County Jail, its sheriff, administrator, and commissioners, and the commissioner and transfer director of the Alabama Department of Corrections (DOC) because of conditions described …
Article • July 15, 2002 • from PLN July, 2002
BOP Finger Amputation States Eighth Amendment Claim by Reversing a lower court ruling, the Tenth Circuit found that a prisoner whose finger fell off after it was re-attached by a prison doctor stated an Eighth Amendment claim for deliberate indifference to his serious medical needs. In June 1999, Horace Oxendine, …
Article • July 15, 2002 • from PLN July, 2002
Ninth Circuit Reverses Dismissal for Failure to Comply with Rules by The Ninth Circuit Court. of Appeals has reversed a California District Court's dismissal of a federal prisoner's suit because the prisoner failed to comply with local court rules in filing an amended complaint. Federal prisoner Alejandro Ordonez filed suit …
Article • July 15, 2002 • from PLN July, 2002
PLRA Filing Fee Due for Each Separate Appeal by by John E. Dannenberg The Second Circuit US Court of Appeals held that a prisoner filing multiple appeals in the same 42 U.S.C. §1983 civil rights action must pay the full filing fee for each separate appeal. Elvin Lebron, a prisoner …
Article • July 15, 2002 • from PLN July, 2002
Filed under: News, News in Brief
News in Brief by Alaska: On April 11, 2002, Cynthia Cooper, the head prosecutor in the state attorney general's office, resigned after being judicially admonished for pursuing felony charges against a public defender who crashed his car into a light pole. Anchorage prosecutors had agreed to a misdemeanor plea bargain …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Work, Prison Labor
Texas Slavery Upheld Again by The court of appeals for the Fifth circuit held that the Thirteenth amendment does not forbid the forcible enslavement of prisoners and a statutory gap in Texas law was inconsequential when a prisoner claimed statutory authority was required for prison slavery. Ahmad Ali, a Texas …
Article • July 15, 2002 • from PLN July, 2002
No Jurisdiction for Interlocutory Appeal Over Medical Treatment by The Court of Appeals for the Eighth Circuit has held that it lacks jurisdiction to hear an interlocutory appeal filed by a prison doctor. Maurice Moore, an Iowa state prisoner, filed suit, under 42 U.S.C. § 1983, against a prison doctor …
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
Article • July 15, 2002 • from PLN July, 2002
Texas Prisoners Have No Absolute Right to Appear in Civil Cases by by Matthew T. Clarke A court of appeals in Texas has ruled that Texas prisoners have no absolute right to personally appear at legitimation hearings, though they do have the right to appear by affidavit, telephone, or other …
Article • July 15, 2002 • from PLN July, 2002
Illinois Contraband Law Revisited by The Illinois Fifth District Appellate Court has analyzed an amended statute relating to the introduction of contraband. The court held that the amendment mandates a new statutory construction requiring contraband to be actually brought into areas dedicated to prisoner confinement. Pedro Carillo went to visit …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
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