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Stun Gun, Four-Point Restraint Use Curtailed in Virginia Prisons by Because Connecticut's prisons were overfull, Lawrence Frazier was sent to Virginia to serve his time. He didn't go home alive. He died in a Richmond hospital of cardiac arrhythmia after prison guards repeatedly shocked him with an Ultron II stun …
Article • March 15, 2002 • from PLN March, 2002
From the Editor by Paul Wright March 31, 2002, marks the final date for PLN to raise $15,000 for its matching grant fundraiser campaign .As we go to press, we have raised $10,852, which is still way short of our goal . PLN desperately needs these funds to continue operating …
Washington DOC Settles Wrongful Death Suit for $245,000 by Washington DOC Settles Wrongful Death Suit For $245,000 In February 2001, Washington prison officials agreed to settle a $2.9 million wrongful death suit for $245,000 in costs, damages, and attorneys' fees. The lawsuit was brought in state court by a prisoner's …
BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000 by BOP Settles Prisoner Beating/Restraint Lawsuit For $99,000 In the summer of 1997, Lealon Muldrow was incarcerated in the Special Housing Unit (SHU) of the United States Penitentiary (USP) at Atlanta .On July 1 of that year, Muldrow was threatened with being chained …
Puerto Rico Prison Officials Fined $10 Million by A federal court in Puerto Rico held prison officials in contempt for failing to comply with court orders governing prison conditions and imposed a contempt sanction of $10 million. More than 20 years ago the court first dealt with prison overcrowding in …
Article • March 15, 2002 • from PLN March, 2002
Res Judicata Dismissal of Texas Prisoner's Suit Reversed by by Matthew T. Clarke A Texas court of appeals has reversed the district court's res judicata based dismissal of a Texas state prisoner's personal injury suit chastising the lower court for using an improper procedure. Steven W. Howell, a Texas state …
Article • March 15, 2002 • from PLN March, 2002
Third Circuit Holds PLRA Bars Claims for Compensatory Damages by Third Circuit Holds PLRA Bars Claims For Compensatory Damages by Matthew T. Clarke The Third Circuit Court of Appeals has held that although the Prison Litigation Reform Act (PLRA) barred a prisoner from recovering compensatory damages for violations of his …
Hitching Post Unconstitutional by David Reutter The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility …
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Article • March 15, 2002 • from PLN March, 2002
NCIA Report Finds Prison Race Statistics Distorted by A report released in May 2001, says that Hispanic/Latino prisoners are often classified in a variety of racial categories, which results in a distortion of prison statistics reporting the racial composition of American prison populations. The research report, Masking The Divide: How …
Article • March 15, 2002 • from PLN March, 2002
New York Court Limits "Son of Sam" Law by New York Court Limits "Son of Sam" Law A New York appellate court affirmed a trial court ruling that, absent a state felony conviction and a complaint by the victim, the Crime Victims Board lacked authority to compel criminals to forfeit …
New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton In June 2001, the State of New York amended its socalled "Son of Sam" law to allow crime victims to …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed by A prison guard's motions for summary judgment and dismissal of a prisoner's 42 USC § 1983 action were denied after a federal district court found that further discovery was required and the prisoner's failure to follow orders …
Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated' by The Sixth Circuit Court of Appeals, in a case addressing an Ohio prisoner's suit over the Department of Rehabilitation and Correction's (DORC) hairlength restriction "as applied," has reversed the district court's denial of qualified immunity to DORC defendants, but …
Article • March 15, 2002 • from PLN March, 2002
Arizona Prisoner Adequately Pleaded Section 1983 Claim by The Arizona Court of Appeals held that a prisoner was barred from bringing a tort action against the state and Department of Corrections (DOC) but that his allegations were sufficient to support a claim against a prison official under 42 U.S.C. § …
Ohio Appeals Court Allows Prisoner's Request for Past Work Information on Guards by The Fourth District Court of Appeals of Ohio has reversed the decision of the Pickaway County Court of Common Pleas denying a prisoner's request for specific work information relating to two guards in the Department of Rehabilitation …
Article • March 15, 2002 • from PLN March, 2002
Filed under: News, News in Brief
News in Brief by Alaska: The state of Alaska has launched its first drive to recruit prison guards since 1988 to fill 40 guard positions when it opens a state jail in Anchorage. Applicants must be 21 years old, no experience is required. Starting pay is $33,300 a year, one …
Article • March 15, 2002 • from PLN March, 2002
$630,000 Plus Paid in Ulcer Related Death by $630,000 plus paid in ulcer related death On May 16, 1994, Gertrude Barrow, 41, died at the Washington Corrections Center for Women (WCCW) of a perforated chronic peptic ulcer and acute peritonitis. She was just three months short of her release date. …
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