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Article • May 15, 2002 • from PLN May, 2002
Oregon Passes Pay-to-Stay Law by The 2001 Oregon Legislature unanimously passed Senate Bill (SB) 183, authorizing, but not requiring, the Oregon Department (ODOC) to assess prisoners for costs associated with their imprisonment, including "but . . . not limited to, such items as medical care, room, board, administrative costs and …
Grievance Retaliation States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Arkansas prisoner's claim that he was subjected to false disciplinary charges in retaliation for filing grievances against a prison employee. The court upheld the dismissal of a …
$400,000 Settlement in Oklahoma Jail Failure to Protect Suit by On April 19, 2001, the insurer for the Garfield county jail in Oklahoma agreed to pay $400,000 to a former jail prisoner who was attacked and beaten by his cellmate. On April 26, 1998, Larry Thomas, then 58, was imprisoned …
Article • May 15, 2002 • from PLN May, 2002
New York Assault and Medical Case Settled for $5,000 by On August 28, 2001, New York state prison officials agreed to pay $5,000.00 to settle a prisoner's lawsuit that he was beaten by prison guards and then denied medical care. In 1993, prisoner Easton Beckford, who is also wheelchair bound, …
Arizona DOC's Endless Isolation of Suspected Gang Member Enjoined by Roger Smith Afederal District Court in Arizona recently enjoined Arizona Department of Corrections (ADOC) officials from indefinitely isolating a prisoner whom they suspect to be a gang member. Mark Koch, an Arizona prisoner and successful prison litigator of long standing, …
Article • May 15, 2002 • from PLN May, 2002
Oregon Jail Settles Taser Suit for $197,000 by In December 2000, the Clackamas county jail in Oregon settled a lawsuit with Stephen J. Thom for $197,000. On July 24, 2000, Thom, who suffered brain damage in a 1981 accident, was drunk and brought to the jail's booking section. While he …
Article • May 15, 2002 • from PLN May, 2002
TDCJ-ID Must Provide Procedures for Prisoners to Identify Evidence Supporting Grievances by by Matthew T. Clarke A Texas court of appeals has ruled that the Texas prison system is required by law to provide procedures for a prisoner to identify evidence to substantiate the prisoner's claim. Charles William Ingram, Jr., …
Article • May 15, 2002 • from PLN May, 2002
Ohio Supreme Court Rules Indigent Sex Predator Gets Paid Expert Witness by The Ohio Supreme Court has held that an indigent defendant in a sexual predator classification hearing is entitled to an expert witness at state expense "if the court determines, within its sound discretion, that such services are reasonably …
$377,500 Awarded in Tennessee Jail Death by In September 2001, a federal jury in Memphis, Tennessee, awarded $377,500 in damages to the estate of a mentally ill jail prisoner killed by guards. In November 1996, Calvin Shaw, a paranoid schizophrenic, was arrested on sexual assault charges and imprisoned at the …
Illegal Strip Searches Cost Chicago Jail $6.8 Million by Lonnie Burton In July 2001, the Cook County, Illinois Board of Supervisors unanimously agreed to end a five-year long class-action suit brought by female prisoners who alleged that the strip-searches they were subjected to at the Cook County jail were unconstitutional. …
Article • May 15, 2002 • from PLN May, 2002
BOP Prisoner Release Public Notification Required Only If Current Offense Qualifies by John E Dannenberg by John E. Dannenburg ( The Fifth Circuit US Court of Appeals held that the statute requiring public notification of the release of federal prisoners convicted of drug trafficking or a crime of violence applied …
Article • May 15, 2002 • from PLN May, 2002
$50,000 Settlement in D.C. Retaliation Suit by In the January 2001, issue of PLN we reported Garcia v. District of Columbia, 56 F. Supp.2d 1 (D DC 1998) in which the district court denied prison guards' motion for summary judgment. District of Columbia prisoners Freda Garcia, Lawrence Caldwell and Antonio …
Rape and Racism in Washington Prisons by The Second Division of the Court of Appeals of Washington overturned a jury verdict against the Washington Department of Corrections (DOC) in which a prison sergeant sued DOC for racially discriminatory treatment against him. Geronimo Subia is a male prison sergeant of Native …
Compelled Attendance at AA/NA Violates Establishment Clause by Compelled Attendance At AA/NA Violates Establishment Clause The Washington Court of Appeals has held that it violates the Establishment Clause of the First Amendment for the DOC to force a prisoner to attend AA/NA meetings as a part of its chemical dependency …
Article • May 15, 2002 • from PLN May, 2002
Wisconsin Jail Settles Escape Lawsuit with Escapee by In September, 2001, Wausau Insurance, the insurer for the city of Shawano, Wisconsin, agreed to pay Nicholas Bishop, 22, $5,000 to settle a lawsuit Bishop had filed against the city in federal court in Madison. The lawsuit claimed that two city policemen …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
Former CCA Captain and Texas Probation Officer Pleads Guilty by On October 25, 2001, Jason Driskell, 27, a former captain at the Corrections Corporation of America (CCA) operated Whiteville Correctional Facility (WCF) in Tennessee, pleaded guilty to obstruction of justice charges in federal court. Driskell admitted that in 1999 he …
Brief • May 15, 2002
Austin v Wilkinson Oh Order 2002 Supermax Classification Austin v. Wilkinson PC-OH-001-003 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION CASENO.4:01-CV-71 CHARLES E. AUSTIN, et al., Plaintiffs, v. ) Judge James S. Gwin ) ORDER REGINALD WILKINSON, et al., Defendants. On April 24, 2002, …
Brief • May 14, 2002
Trevor v Us Al Deficient Medical Care Cancer Bop Complaint 2002
Brief • May 2, 2002
Benjamin v. Fraser, NY, Delone Declaration Carr Habeas Corpus, 2002 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------: JAMES BENJAMIN, et al., : Plaintiffs, : against: WILLIAM J. FRASER, et al., : Defendants, : and related cases. -------------------------------------------------------: DECLARATION IN SUPPORT OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM …
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