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Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
$237,500 New York Administrative Segregation Verdict Upheld by A New York state prisoner won damages in a jury trial in the United States District Court for the Western District of New York against employees of the New York State Department of Correctional Services (DOCS) for due process violations in confining …
Article • April 15, 2002 • from PLN April, 2002
$500,000 Settlement in Oregon Jail Self-Mutilation Case by In March 2001, the Multnomah county jail in Portland, Oregon, paid over $500,000 to settle a lawsuit by a mentally ill jail prisoner who gouged his eyes out during a psychotic episode. In 1998 Peter Klarquist was found guilty except for insanity …
Article • April 15, 2002 • from PLN April, 2002
Filed under: Private Prisons
U.S. Supreme Court Holds Private Prison Corporations Immune from Bivens Suit by John E Dannenberg by John E. Dannenberg In a 5-4 decision, the U.S. Supreme Court narrowly construed Bivens actions suing private federal prison contractors to be available only against their individual prison employees, and not the parent corporations. …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
Article • April 15, 2002 • from PLN April, 2002
Massachusetts DNA Law Invalidated by In an unpublished ruling, the Superior Court of Massachusetts invalidated a state statute authorizing the Massachusetts Department of Corrections (MDOC) to: define indigence for the purpose of assessing costs of collecting and processing DNA samples; and impound and seize funds from prisoner accounts without their …
BOP Disciplinary Habeas Requires Exhaustion by The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused …
Article • April 15, 2002 • from PLN April, 2002
No Immunity for Photo Limit by The Court of Appeals for the Eighth Circuit, in a per curium opinion, held that Arkansas prison officials were not entitled to qualified immunity for promulgating a policy that allows prisoners to retain only five photographs in their cells. Len Davis, a federal prisoner …
Pubic Hair Search by Medical Personnel Constitutional by The Court of Appeals for the Eleventh Circuit has overturned a district court's order that held as unconstitutional a Sheriff's policy of searching a prisoner's pubic hair prior to release. PLN previously reported the district court's order. (See: Skurstenis v. Jones , …
Detainee's Strip Search Unconstitutional, But Qualified Immunity Granted by The court of appeals for the Eleventh Circuit has held that a jail strip search of an arrestee without reasonable suspicion violates the Fourth Amendment, but granted qualified immunity. DeAngela Wilson was arrested at a checkpoint for driving under the influence …
Article • April 15, 2002 • from PLN April, 2002
Filed under: News, News in Brief
News in Brief by News in Brief: Brazil: On October 31, 2001, police negotiated an end to an uprising at the Carumbe prison in Cuiaba. Sixty of the prison's 380 prisoners killed a prisoner, then seized two guards as hostages. The prisoners demanded a review of their sentences, that the …
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
Article • April 15, 2002 • from PLN April, 2002
Filed under: News, Federal Legislation
D.C. Closes Lorton Prison by The 91-year-old Lorton Correctional Complex is closed. Forever. In November 2001, after a 16-year-old jail population cap was temporarily lifted, the last 300 prisoners were transferred from the nearby Fairfax County complex to the District's main jail in Washington, D.C. On November 15th, U.S. District …
Article • April 15, 2002 • from PLN April, 2002
HIV Still a Major Health Threat in Prisons and Jails by Between 1995 and 1999, the death rate from AIDS in prisons and jails plummeted, and the rate of increase of HIV in prisons grew at about one third the rate of increase of the general prison population. That bit …
Failure to Protect States Claim in High Profile Case by The Court of Appeals for the Seventh Circuit has held the failure to protect a pre-trial detainee in a highly charged and well-publicized case states a claim. Morritz Weiss, a white male, was the principal suspect in the rape of …
Death Toll Hits 87 as Turkish Prison Protest Strike Continues by Julia Lutsky On November 4, 2001, Turkish police used armored vehicles to batter down the barricades protesters had erected in Kucakarmutlu, an outlying district on the European side of Istanbul. The semi-official news agency Anatolia reported four protesters had …
Article • April 15, 2002 • from PLN April, 2002
Consecutive Ad Seg Placements From Same Cause Are Aggregated for "Atypical Hardship" Analysis by John E Dannenberg Consecutive Ad Seg Placements From Same Cause Are Aggregated For "Atypical Hardship" Analysis The Second Circuit U.S. Court of Appeals held that where a prisoner suffered 670 days of administrative segregation (Ad Seg) …
Article • April 15, 2002 • from PLN April, 2002
En Banc Third Circuit Defines Religious Standard by by Matthew T. Clarke The federal Court of Appeals for the Third Circuit sitting en banc has ruled that the centrality of a religious belief to a prisoner's religion is not a factor in whether the belief must be accommodated by prison …
$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee by John E Dannenberg The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly …
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