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Article • June 15, 2002 • from PLN June, 2002
Third Circuit Vacates $300,000 Beating Award, Orders New Trial by by Matthew T. Clarke The Third Circuit Court of Appeals has vacated a $300,000 jury award in a prisoner's excessive-use-of-force suit and ordered a new trial for liability and damages. Raymond T. Pryer, a Pennsylvania state prisoner, filed a civil …
Disciplinary Board Must Assess Confidential Informant's Reliability by The court of appeals for the Fifth Circuit has held that the failure of a disciplinary hearing officer to find a confidential informant's tip was reliable violates a prisoner's right to due process. While housed at Texas' Eastham Unit, prisoner Morris Broussard …
Three Arkansas Guards Sentenced in Beating by On August 22, 1999 Arkansas prisoner Terry Botts received a beating at the Arkansas Regional Unit in Brickeys by three guards while his hands were handcuffed behind his back. The guards determined the severity of the injuries he sustained would not require hospitalization, …
Article • June 15, 2002 • from PLN June, 2002
New Mexico Caps High Telephone Rates by The governor of New Mexico signed a bill in February 2001, prohibiting prisons from profiting on prisoners' phone calls, which was exceeding 10 times the regular competitive rates with a 15 minute call costing up to $20. The Public Communications Services, a Los …
Washington Infraction Invalid Where No Notice of Prohibited Conduct Given by The Washington Court of Appeals recently held that due process requires prior notification of prohibited conduct before prison officials may infract and punish prisoners for engaging in such behavior. Because the court found that the prisoner in the case …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Article • June 15, 2002 • from PLN June, 2002
California Jail Settles Rape Case for $95,000 by On November 19, 2001, the city of Santa Ana, California, agreed to pay $95,000 to an unidentified former jail detainee who was beaten and raped by his cellmate, to settle a lawsuit stemming from the attack. The 32-year-old unnamed accountant plaintiff was …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
Jail Policy to Not Segregate Gangs Does Not Violate Constitution by John E Dannenberg Jail Policy To Not Segregate Gangs Does Not Violate Constitution by John E. Dannenberg The Seventh Circuit US Court of Appeals ruled that the Cook County (Chicago), Illinois jail did not violate the Constitution by failing …
Denial of Grievance Forms Is Denial of Remedy by The Court of Appeals for the Eighth Circuit held that a prisoner's "Motion to Reinstate Cause" after dismissal of a 42 U.S.C. §1983 action alleged facts to raise an inference he had exhausted his "available" remedies. While an Arkansas Department of …
Article • June 15, 2002 • from PLN June, 2002
Texas Appeals Court Grants Prisoner Mandamus on Discovery by by Matthew T. Clarke A state appeals court in Texas has conditionally granted a prisoner's petition for a writ of mandamus to order the judge of a Texas state district court to hear and rule upon the prisoner's request for discovery …
Article • June 15, 2002 • from PLN June, 2002
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
Brief • June 13, 2002
Plata v. Davis, CA, Stipulation for Injuctive Relieft, Medical Neglect, 2002 1 2 3 4 5 6 7 8 9 10 FILffi BILL LOCKYER, Attorney General of the State of California PETER J. SIGGINS, Chief Deputy Attorney General ROBERT R. ANDERSON Chief Assistant Attorney General PAUL D. GIFFORD Senior Assistant …
Brief • June 12, 2002
Prison Legal News v. Schumacher, OR, Amended Complaint, DOC Mail Censorship, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 MARC D. BLACKMAN RANSOM BLACKMAN LLP 1001 S.W. Fifth Street, Suite 1400 Portland, OR 97204 (503) 228-0487 (telephone) (503) 227-5984 (facsimile) marc@ransomblackman.com OSB No. 73033 …
Brief • June 11, 2002
Lake v Washington Doc Wa Complaint Employee Sexual Harrassment 2002 ,I .- - ....... -. '. 1 .... , ", ~edged ~ecelp,'111II C~~·· '2 . !t:daYof~.2Ol!~: ,'.... :;- 3 I .. C ••• ·.1 o. Gregoire. J'" C" '.~ , FILED, lJtei~~~bGClt~id?l~t~~ 'A.M. ;...L .,,:: : BY. JUN 11 2002 …
Brief • June 11, 2002
Cantu v Jones Tx Appeal and Order Prison Assault 2002 ~SED JULy 1, 2002 UNITED STATES -COURT OF APPEALS For the Fifth Circuit U. S. COURT OF APPEALS FI LED JUN 1 t 2002 No. 01-50905 CHARLES R. FULBRUGE III ClERK EUGENE CANTU, Plaintiff-Appellee, VERSUS MATHEW JONES, ETC., ET AL., …
Lake et al v. State of Washington, WA, Complaint, DOC employee litigation sexual harassment, 2002 • ... ,. / . .. J \ 1 ~ed9ed F:ecelpt11lll FILED, C:" 1!Ie~g~~bL~~~w,.~H9~~t%t .r:t:-daYOf~,200~-~ 2 3 :... ::: '" ".': !) M -. ,'! J ,; ;. 4 ", •.• I . .~ '. …
Brief • June 5, 2002
Thompson v Johnson Tx Report and Recommendation Tdcj Med Neglect 2002 , -' .,. FILED IN THE UNITED STATES DISTR.:.CT COUR!'II<;' r'~ I')IVlc;l"~ FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION 2002 JH -5 PH 2: 40 LOUISE THOMPSON, a/n/f and on behalf of the estate of SUSIE M. CLARK, …
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