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Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Article • April 15, 2003 • from PLN April, 2003
Florida Jury Awards $390,000 Over Defective Prison-Produced Chair by A Pinellas County (Florida) jury found that an office chair assembled by the Florida DOC's prison industries was defective, and the proximate cause of a state office worker's injuries. The jury awarded the woman $390,000 in damages; however, the recovery was …
Pro Se Tips and Tactics by John Midgley If you are litigating or planning a case in federal court against state prison officials, it is very important to be clear about what rights you are asserting and what relief you are requesting. Federal courts are not allowed to simply order …
Article • April 15, 2003 • from PLN April, 2003
Wyoming Jail Must Disclose Suicide Prevention Critique by The Wyoming Supreme Court has held that the Wyoming Public Records Act (WPRA) requires that state's jails to disclose to the press reports evaluating jail suicide prevention procedures. In 1998, prisoner suicide attempts increased in the county jail in Laramie, Wyoming. Laramie …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
PI Issued in Arizona Internet Communications Ban by John E Dannenberg by John E. Dannenberg On December 16, 2002, the U.S. District Court (D. Ariz.) granted plaintiffs' motion for a preliminary injunction (PI) enjoining the Arizona Department of Corrections (ADOC) from enforcing laws arising from Arizona House Bill 2376 (HB …
Article • April 15, 2003 • from PLN April, 2003
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
PLRA Requires More Than De Minimus Physical Injury by The Ninth Circuit Court of Appeals has held that 42 U.S.C. §1997e(e) requires a prisoner demonstrate more than de minimus physical injury to receive compensatory damages for mental and emotional claims. Pre-trial detainee Eric Oliver filed a civil rights action alleging …
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
State Tolling Statute Applied in § 1983 Action by John E Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative …
Article • April 15, 2003 • from PLN April, 2003
Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …
U.S. v. Lavallee, CO, Opinion, Prison Conditions, 2003 U.S. v. Lavallee, 61 Fed.Appx. 631 (2003) 61 Fed.Appx. 631 This case was not selected for publication in the Federal Reporter. Not for Publication in West’s Federal Reporter See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued …
Article • March 15, 2003 • from PLN October, 2004
Seventh Circuit Allows Sanctions for Frivolous Habeas Corpus Petitions by The Seventh Circuit has sanctioned two prisoners for filing frivolous habeas corpus actions under 28 U.S.C. § 2256 complaining about prison conditions. Jerry Montgomery and Larriante Sumbry are Indiana state prisoners with "long histories of filing frivolous lawsuits" which resulted …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access to Habeas Corpus by John E Dannenberg U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access To Habeas Corpus by John E. Dannenberg In three interrelated decisions, the U.S. Supreme Court ruled that "enemy combatant" detainees held at Guantanamo …
Article • March 15, 2003 • from PLN October, 2004
Jury Awards $20,000 to Nurse Stuck by Needle from HIV Positive Prisoner by On November 26, 2003, a Massachusetts jury awarded a nurse at a medical center, which treated prisoners from a nearby Worcester County prison, $20,000 for emotional distress that resulted from being stuck by a needle from an …
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric …
Tulia Travesty Settled for $6 Million by Hans Sherrer Tulia Travesty Settled For $6 Million by Hans Sherrer On August 22, 2003, Texas Governor Rick Perry pardoned 35 people whose convictions stemmed from a Swisher County drug investigation that began in 1998. The prosecution of those people began with the …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Medical, Hearing, Damages
$300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss by On October 31, 2003 a New York Court of Claims awarded Fishkill Correctional Facility prisoner Darryl Dickerson $300,000 for a partial hearing loss suffered because he was not provided timely medical treatment. Dickerson claimed he heard a popping …
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