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Article • January 15, 2003 • from PLN January, 2003
Trial in Prison Violates Oregon's "Public Trial" Guarantee by The Oregon Court of Appeals held that a trial conducted within the confines of a prison that was not open to the public violated Oregon's constitutional guarantee of a public trial. James Jackson, a prisoner at the Snake River Correctional Institution, …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • January 15, 2003 • from PLN January, 2003
Excessive Force and Delaying Medical Treatment Defeats Dismissal by A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Diabetes, Amputations
Diabetic's Amputation Suit Set for Trial by A federal district court in Illinois has held a diabetic detainee's claim of deprivation of medical treatment is sufficient to deny the doctor's motion for summary judgment. Cook County Jail pre-trial detainee Andrew Spencer filed a 42 U.S. C. §1983 action alleging on …
No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors by No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors The Sixth Circuit Court of Appeals held that prison officials were not entitled to qualified immunity for failing to protect a …
Article • January 15, 2003 • from PLN January, 2003
Colorado Ad-Seg Decisions Subject to Judicial Review by The Colorado Court of Appeals held that administrative segregation (ad-seg) placement decisions are subject to judicial review. Leonard Baldauf, a prisoner of the Colorado Department of Corrections, (CDOC), was placed in adseg and filed a C.R.C.P. 106(a)(4) complaint seeking judicial review of …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
Article • January 15, 2003 • from PLN January, 2003
$27,848.30 Award in Texas Jail Slip and Fall Upheld by An award of $27,848.30 to a pris-oner who slipped and fell on a food spill in a Texas jail has been upheld by a Texas state court of appeals in an unpublished opinion. Mickey Caves, a Dallas County (Texas) Jail …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Reviews, Court Access
A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement by Paul Wright by Columbia Human Rights Law Review, 2002, 1,593 pages Reviewed by Paul Wright The law review staff at Columbia University in New York has published A Jailhouse Lawyer's Manual (JLM) since 1978. Now in its fifth edition, the …
Article • January 15, 2003 • from PLN January, 2003
Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments by The Washington state Supreme Court, sitting en banc, held that the "equal protection clauses of the state and federal constitutions require that less restrictive alternatives (LRAs) to confinement be considered at . . . commitment trials" under RCW …
Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Washington Prison Health Care Substandard by Angela Galloway When Leland Workman's heart faltered while he was imprisoned at McNeil Island Correction Center, the nurses couldn't find the IV equipment needed to ease his chest and arm pain. They couldn't find standing orders for managing emergencies when there's no doctor on …
Brief • January 15, 2003
Hayden v Pataki Complaint Ny 2003 Vra Felon Voting Rights IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK JOSEPH HAYDEN; LUMUMBA AKINWOLE-BANDELE;WILSON ANDINO; GINA ARIAS; WANDA BEST-DEVEAUX; CARLOS BRISTOL; AUGUSTINE CARMONA; DAVID GALARZA; KIMALEE GARNER; MARK GRAHAM; KERAN HOLMES, III; CHAUJUANTHEYIA LOCHARD; STEVEN MANGUAL; JAMEL …
Brief • January 13, 2003
Frances v Bop - Dc - Foia Case - Order 2006 Case 1:02-cv-01270-PLF Document 32 Filed 01/31/2003 Page 1 of 3 Case 1:02-cv-01270-PLF Document 32 Filed 01/31/2003 Page 2 of 3 Case 1:02-cv-01270-PLF Document 32 Filed 01/31/2003 Page 3 of 3
Brief • January 10, 2003
Bellinger v Sacramento County Ca First Amended Complaint Excessive Force and Hair Discrimination 2002 916 S?4 8635 P.03/15 ORIG1NAl. FILED JAN 102003 C~AK, U.I. DIITRIOTeou".Tt.rA IAlTE"" OtIlR\OT~CAL\FO .....~~~~L.LL.~-=S=-·_~.i..:L~...JO~im.kT Ct"r~-_-~- EASTd..N DiSTli,rQ ECftLiroiNiPr 5.t\CMMeJY1A lllii 4) U28 ~ttbeirN\.5eLLINbe~J~:.r I use NO. C i tI.S-b:J..-j3.3.1' LKK' (~H· P • ~U.IN1TFF~ Fj~,1tMeNied . …
Brief • January 9, 2003
Spahn v. DOJ, USA, Opinion and Order, Misconduct, 2003 UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD 93 MSPR 195 MICHELLE Y. SPAHN, Appellant, DOCKET NUMBER SF-0752-99-0454-I-1 v. DEPARTMENT OF JUSTICE, Agency. DATE: January 9, 2003 George M. Chuzi, Esquire, Washington, D.C., for the appellant. Thomas G. Roth, Esquire, Newark, …
Brief • January 8, 2003
Brad H. V. City of New York, Settlement, Mental Health Care, 2003 TABLE OF CONTENTS Page I. II. III. IV. V. VI. VII. VIII. IX. X. XI. DEFINITIONS.....................................................................................................................3 SETTLEMENT RELIEF ...................................................................................................14 A. General Provisions .................................................................................................14 B. Contact with the Community .................................................................................15 C. Determination of Class Membership And Creation of a …
Brief • January 2, 2003
Cms v.cca Complaint Va Breach of Contract 2003 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CORRECTIONAL MEDICAL SERVICES, INC., Plaintiff, v. Civil Action No. .(rOD632r1 6. CORRECTIONS CORPORATION OF AMERICA, and PRISON REALTY TRUST , INC., Defendants. COMPLAINT Correctional Medical Services, Inc. ("CMS"), …
In-the-News Article • January 1, 2003
Prison Nation - Real Change News Jan. 1, 2003 PLN Book Reviews Real Change News Book Review - Prison Nation - Real Change News Real Change News Sex, drugs, lockdown review by Heidi Dietrich Prison Nation: The Warehousing of America's Poor by Tara Herivel (Editor), Paul Wright (Editor) Routledge, 2003 …
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