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Order for Attorney Not to Contact Class Members Void by The Fifth Circuit Court of Appeals has invalidated an order by a district court for ACLU National Prison Project (NPP) lawyers not to contact class members in a suit brought by Mississippi state prisoners. The Fifth Circuit also ordered substitution …
No Qualified Immunity for Shackling Prisoner to Hospital Bed by Gregory May, a Cook County, Illinois, prisoner, filed a suit against the Sheriff and Sheriff's Department officials under 42 U.S.C. § 1983, alleging their treatment of prisoners taken to Cook County Hospital is unconstitutional and violates the Americans with Disabilities …
Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from …
Balisok Bars Privacy Act Claim by The U.S. Court of Appeals for the District of Columbia has held that a prisoner must succeed on habeas corpus before suing under the Privacy Act (PA), 5 U.S.C. § 552(a), if the suit would undermine a disciplinary change against the prisoner if successful. …
Indiana Creates Liberty Interest in Good Time Credits by The Court of Appeals for the Seventh circuit held that Indiana prisoners have a state created liberty interest in their good time credits, and the rate of earning such credits, requiring due process before the credits or classification could be changed. …
Article • February 15, 2002 • from PLN February, 2002
Filed under: News, News in Brief
News in Brief by Alabama: On October 3, 2001, Teresa Wheeler, 24, collapsed and died while taking a physical training course to become a Department of Corrections guard. Wheeler had previously failed the physical exam but was trying to pass it again. Brazil: On November 26, 2001, over 100 prisoners …
Article • February 15, 2002 • from PLN February, 2002
PLN Sues Utah Jail Over Publication Ban; Jail Settles by In September 2001, Prison Legal News sued the Millard County jail in Utah over its policy of prohibiting jail prisoners from receiving or subscribing to newspapers or magazines, including PLN . The jail censors all publications sent to prisoners. Due …
Article • February 15, 2002 • from PLN February, 2002
Washington Department of Corrections' Address Requirement Illegal by The Washington Court of Appeals has held that the Washington Department of Corrections (DOC) lacks statutory authority to require a prisoner to obtain a preapproved residence location and living arrangement prior to release unless that condition was imposed by the sentencing court. …
Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell by Silja JA Talvi In the early morning hours of February 2, 1998, at Clallam Bay Correctional Center (CBCC), Washington State prisoner Sylvester Mahone felt like he had had enough. Locked up in isolation in one …
Article • February 15, 2002 • from PLN February, 2002
Filed under: Mail, Mail Regulations
PLN Sues Washington DOC Over Mail Censorship - Again by On November 27, 2001, Prison Legal News sued Washington Department of Corrections (DOC) officials across the state for its policies and practices of censoring mail items sent by PLN to Washington state prisoners. The suit names DOC Secretary Joseph Lehman, …
Minnesota Cost-of-Confinement Surcharge Upheld by The Court of Appeals of Minnesota has upheld a surcharge imposed on prisoners in custody of the Minnesota Department of Corrections (DOC). The case had been filed as a class-action suit in a Minnesota district court challenging a DOC rule imposing a 10% cost-of-confinement surcharge, …
Jail Not a Dwelling Under Federal Housing Act by A federal district court in New Mexico ruled that a city jail is not a dwelling for purposes of the Fair Housing Act (FHA) and granted defendants' motion for dismissal of plaintiff's claim of sexual discrimination in the provision of housing. …
Article • February 15, 2002 • from PLN February, 2002
Denial of Habeas Corpus Parole Challenge Reversed by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only that the Parole …
$2.2 Million Award for New Mexico Prison Bug Spray Injuries by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only …
Article • February 15, 2002 • from PLN February, 2002
Parole Revoked for Refusing Medication by The Eighth Circuit Court of Appeals has held that parole can be revoked if the parolee refuses medication as part of an agreed mental health treatment plan. Randy Closs, who has a long-term diagnosis of schizophrenia, was granted conditional parole from the South Dakota …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Brief • February 13, 2002
Federick v. U.S., GA, Medical, Wrongful Death, BOP Complaint, 2002 '11.EIJ itj CI.Elll('S Offt« U.8.D C.·A""'� r1u1:;iQ0Z Wirt&A:U/r':r_. ..,... IN THE UNITED STATES DISTRICT COURTII< F'OR THE NORTHERN DISTRICT OF GEORG[A ATLA.J'ITA DIVISION JANIE FEDERICK. as Administrator of the Estate ofRonney Ruff, Deceased, TRINISHA PERRY, Individually and DEMETRIUS PERRY by …
Brief • February 2, 2002
Hope v Pelzer Amicus Brief Hitching Post Shackling 2002 No. 01-309 In the Supreme Court of the United States LARRY HOPE, PETITIONER v. MARK PELZER, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE …
Brief • January 31, 2002
Filed under: Burning
Lewis v. Gagne, NY, Complaint, Division of Children and Family Services Abuse Burns, 2002 Case 1:02-cv-00129-DNH-RFT Document 1 Filed 01/31/02 Page 1 of 13 u.s. D\STR\CT COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK N.D. OF N'~11 ~O,t() frt' f FILeD_ (Z.. J;t- t., 2 cc. …
Brief • January 23, 2002
Spencer El v Dc Complaint Guard Assault 2002 FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION Spencer-EL, Emmett (L ~ 'i 3 Y<.R-OJ(p 223-296 ~. (Lvu s cJ: c!. 1961 D Sheet, S.R. 1"4 S flD--«UiJl ~ 1=4('1 fWashington, DC 20003 iA.J .,."bfV; N C <>2 …
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