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Article • October 15, 2003 • from PLN October, 2003
Washington Posts Health Care Provider Information Online by Past issues of PLN have reported on the checkered pasts of many prison health care employees. Before being employed by prisons and jails many medical staff have been disciplined, had their licenses revoked and suffered other forms of license limitations designed to …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Article • October 15, 2003 • from PLN October, 2003
Survivors of North Carolina Jail Fire Settle for $1.94 Million by On January 9, 2003, Mitchell County (NC) Superior Court Judge Marlene Hyatt approved a settlement in which the families of the eight fatalities and the nine survivors of the May 3, 2002, Mitchell County Jail fire will split $1.94 …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Article • October 15, 2003 • from PLN October, 2003
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action by The Iowa Supreme Court held in a workers compensation case that the statute of limitations in a hepatitis C exposure case begins to run on the date of diagnosis, rather than the date of exposure. On October 2, 1990, Diane …
Article • October 15, 2003 • from PLN October, 2003
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
Article • September 15, 2003 • from PLN September, 2003
Mediation Costs Not Taxable in §1983 Suit by Mediation Costs Not Taxable in §1983 Suit The U.S. Eighth Circuit Court of Appeals held that state officials named as defendants in a prisoner's civil rights suit could not be taxed costs for mediation. The decision reverses the U.S. District Court for …
Gay Visiting Rule Challenged by The Ninth Circuit U.S. Court of Appeals reversed the U.S. District Court's (D.Ariz.) Fed.Rules Civ.Proc. Rule 12(b)(6) dismissal of an equal protection claim raised by an Arizona prisoner and his gay visitor who were denied the right to kiss and hug during prison visits solely …
Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding by Alabama's Julia Tutwiler Prison for Women at Wetumpka was built in 1942 to house 364 prisoners. In 2002, Tutwiler's population rose beyond 1,000 with overcrowding so severe that a group of women prisoners sought relief by filing a lawsuit in …
Informal Grievance Procedure Must Be Exhausted Before Filing Suit by The U.S. Court of Appeals for the Third Circuit reversed a district court's denial of summary judgment for prison officials after ruling that prisoners were required to exhaust their administrative remedies before bringing a 42 U.S.C. § 1983 action even …
BOP Guards Smuggle Sperm for Mobsters by Gary Hunter BOP Guards Smuggle Sperm For Mobsters by Gary Hunter On March 1, 2002, the U.S. District court for the Middle District of Pennsylvania denied the motion of a mobster's wife requesting the return of her incarcerated husband's sperm. Circumstances leading to …
Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Matthew T. Clarke By paying $500,000 and issuing letters of apology from the Sheriff, Pima County has settled two lawsuits by the survivors of two prisoners beaten to …
Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright On June 17, 2003, Seattle federal district court judge Robert Lasnick issued a permanent …
South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by Lonnie Burton The South Carolina Department of Mental Health (DMH) and its director were held in contempt of court on September 5, 2002, for ignoring repeated …
Expert Witness Standard in RLUIPA Gang Case by The United States District Court for the Southern District of New York has denied in part and granted in part summary judgment to New York's Department of Correctional Services (DOCS), in a case involving the beliefs, practices, and literature of the Nations …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
Article • August 15, 2003 • from PLN August, 2003
Filed under: Civil Procedure, Damages
Pro Se Tips and Tactics: Damages by John Midgley 1. Overview of Punitive Damages When people discuss "money damages" in connection with a lawsuit for personal injury, they are usually thinking of damages that relate directly to the injury. Examples include money to compensate a plaintiff for lasting physical injury …
Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted by Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted The U.S. District Court for the Southern District of Ohio has awarded partial summary judgment to a former pretrial detainee in a case involving seizure of the detainee's funds by the …
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