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Expert Testimony Required in Alaska Medical Suits
Article • November 15, 2003 • from PLN November, 2003
Filed under: Injury -- Misc., Civil Procedure, Summary Judgment, Expert Witnesses
Expert Testimony Required in Alaska Medical Suits by The Alaska Supreme Court held that pro se litigants are not entitled to judicial advice as to the ramifications of every decision made during the course of litigation. That court affirmed the trial court's summary dismissal of the pro se plaintiff's medical …
Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim
Article • November 15, 2003 • from PLN November, 2003
Filed under: Victims, Evidentiary Ruling, Jury Instructions, Parole, Immunity/Liability, Parole Liability
Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim by The Washington State Supreme Court upheld a trial court's judgment for the State in a negligent parole supervision case, brought by a woman who was abducted and raped by a paroled sex offender. In 1993, Byron Schref was paroled …
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case
Article • November 15, 2003 • from PLN November, 2003
Filed under: Prisoner-Prisoner Assault, Civil Procedure, Complaints
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case by The United States Court of Appeals for the First Circuit reversed a district court's Rule 12(b)(6) dismissal of a failure to protect action, holding that the complaint sufficiently stated a claim for failure to protect. On August 30, 1999, Jesus …
Confinement for Nonpayment Without Willfulness Violates Due Process
Article • November 15, 2003 • from PLN November, 2003
Filed under: Civil Procedure, Contempt (Civil Procedure), Limitations, Restitution
Confinement for Nonpayment Without Willfulness Violates Due Process by Confinement for Nonpayment Without Willfulness Violates Due Process, Washington Courts Have 10 Years to Collect Fines The Supreme Court of the State of Washington, sitting en banc, held that defendants cannot be jailed for failure to pay fines, in the absence …
Trial Required in Pennsylvania Guard Beating
Article • November 15, 2003 • from PLN November, 2003
Filed under: Racial Discrimination, Retaliation for Filing Grievances, Retaliatory Discipline, Eighth Amendment, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Unauthenticated Evidence Does Not Support Summary Judgment
Article • November 15, 2003 • from PLN November, 2003
Filed under: Retaliation for Litigating, Civil Procedure, Summary Judgment, Parties, Evidentiary Ruling, Prisoner Property, Qualified Immunity
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA
Article • November 15, 2003 • from PLN November, 2003
Filed under: Conditions of Confinement, Totality of Conditions, Jail Specific, Attorney Fees (PLRA), Consent Decrees (PLRA), Appeals
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA by Bob Williams The Court of Appeals for the Ninth Circuit has held that post-judgment attorney fees are compensable under the Prison Litigation Reform Act (PLRA), though subject to the PLRA's rate cap of $112.50 an hour. In 1991, Robert Webb, …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case
Article • November 15, 2003 • from PLN November, 2003
Filed under: Prosecutor/Attorney General Misconduct, Racial Discrimination, Pepper Spray/Tear Gas, Civil Procedure, Damages, Discovery, Sanctions, Qualified Immunity
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee
Article • November 15, 2003 • from PLN November, 2003
Filed under: Civil Procedure, Filing Fees
Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee by Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fees The Oklahoma Supreme Court upheld a trial court order directing an indigent prisoner to pay partial filing fees from future prison labor earnings. Eugene Smith, an Oklahoma prisoner, petitioned …
Temporary Injunction Issued in Alabama Suit
Article • October 15, 2003 • from PLN October, 2003
Filed under: Private Prisons, Naphcare, Medication, Systemic Medical Neglect, Respiratory, Cancer, Blood, Hepatitis, Staffing, Settlements, Preliminary Injunctions/TRO's, Medical Neglect/Malpractice
Temporary Injunction Issued in Alabama Suit by On June 26, 2003, the parties in Baker v. Campbell agreed to the entry of a temporary preliminary injunction which, among other things, provides for "immediate" and "adequate" medical care for Alabama prisoners with serious illnesses. The "Preliminary Injunction Settlement Agreement" stems from …
Stun Belt Prejudice Reverses California Conviction
Article • October 15, 2003 • from PLN October, 2003
Filed under: Crime/Demographics, Criminal Prosecution, Stun Guns/Tasers, Restraints, Juries
Stun Belt Prejudice Reverses California Conviction by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned a three-strikes conviction and remanded the case for a new trial because of the potential for psychological prejudice from a remote-controlled electronic stun belt on a defendant's demeanor during testimony, where …
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations
Article • October 15, 2003 • from PLN October, 2003
Filed under: Conditions of Confinement, Transportation, State Law Claims, Administrative Exhaustion, Limitations
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations by A Texas state court of appeals has held that the pendency of a federal civil rights lawsuit on the same matter does not toll the statute requiring Texas state prisoners to file lawsuits in state court within 31 days after …
Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews
Article • October 15, 2003 • from PLN October, 2003
Filed under: Complaints, Death Penalty/Death Row, Death Penalty, Access to Media
Seventh Circuit Reverses BOP's Denial of Death Row Prisoner's Interviews by The Seventh Circuit Court of Appeals has reversed an Indiana Federal District Court's dismissal of a Bureau of Prisons (BOP) prisoner's complaint that he was unconstitutionally denied media interviews. David Paul Hammer is a BOP prisoner in the Federal …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents
Article • October 15, 2003 • from PLN October, 2003
Filed under: Staff-Prisoner Assault, Medical Misconduct, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Complaints, Appeals, Limitations
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
Washington SCC Injunction and Contempt Order Upheld
Article • October 15, 2003 • from PLN October, 2003
Filed under: Civil Procedure, Injunctions, Contempt (Civil Procedure), Civil Commitment
Washington SCC Injunction and Contempt Order Upheld by On February 26, 2003, U.S. District Judge Barbara Rothstein upheld an injunction and contempt order issued against the superintendent and clinical director of the Special Commitment Center ("SCC") at McNeil Island, Washington. The SCC houses former prisoners civilly committed as "sexually violent …
Director of Florida's Private Prison Commisssion Resigns, Fined $10,000 for Ethics Violations
Article • October 15, 2003 • from PLN October, 2003
Filed under: Private Prisons, Government Misconduct, Disclosure of Records, Guard Unions
Director of Florida's Private Prison Commisssion Resigns, Fined $10,000 for Ethics Violations by Agreeing to pay $10,000 for ethics violations, the director of Florida's agency overseeing private prison contracts resigned in April, 2002. The Florida Ethics Commission has accepted the settlement. C. Mark Hodges was in charge of Florida's Correctional …
Eight Washington Prison Premises Liabilities Claims Settled for $35,058
Article • October 15, 2003 • from PLN October, 2003
Filed under: Work, Workplace Injury, Food, Damages, Seizure of Prisoner Funds, Premises Liability
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
Nebraska Prisons Get Progressive Phone Contract
Article • October 15, 2003 • from PLN October, 2003
Filed under: Civil Procedure, Appeals, Limitations, Habeas Corpus, Mail Regulations, Legal Mail
Nebraska Prisons Get Progressive Phone Contract by John E Dannenberg by Matthew T. Clarke In February, 2003, The Nebraska Department of Corrections (DOC) has contracted with AT&T to set up what may be the most progressive prisoner phone service in the United States. The five-year contract makes AT&T the sole …
Washington Retaliation Suit Settled for $2,500
Article • October 15, 2003 • from PLN October, 2003
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, Prison Industries, Disciplinary Hearings, Retaliatory Discipline, Disclosure of Records
Washington Retaliation Suit Settled for $2,500 by On February 27, 2002, the Washington DOC settled a prisoner claim of retaliation for his having filed a grievance and a lawsuit, for $2,500. Airway Heights Correctional Center prisoner Douglas Gallagher was employed in the food factory production facility on a day when …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages
Article • October 15, 2003 • from PLN October, 2003
Filed under: Prison Industries, Prison Labor, Civil Procedure, Standing, Parties, Seizure of Prisoner Funds
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
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