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Article • January 15, 2003 • from PLN January, 2003
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
Article • January 15, 2003 • from PLN January, 2003
Trial in Prison Violates Oregon's "Public Trial" Guarantee by The Oregon Court of Appeals held that a trial conducted within the confines of a prison that was not open to the public violated Oregon's constitutional guarantee of a public trial. James Jackson, a prisoner at the Snake River Correctional Institution, …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors by No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors The Sixth Circuit Court of Appeals held that prison officials were not entitled to qualified immunity for failing to protect a …
Article • December 15, 2002 • from PLN December, 2002
Son of Sam II Law Enacted in California by Son Of Sam II Law Enacted in California In a legislative move designed to circumvent a recent California Supreme Court ruling holding that California's "Son of Sam" law (which prohibited prisoners from profiting from their crime stories) was unconstitutional, Senate Bill …
Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
Article • December 15, 2002 • from PLN December, 2002
Georgia Supreme Court Bans Use of the Electric Chair by In a 4-to-3 decision, the Supreme Court of Georgia upheld a trial court and ruled that death by electrocution violated the state's constitutional protection against cruel and unusual punishment. The high court ordered that all future executions in Georgia will …
Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
Article • December 15, 2002 • from PLN December, 2002
Washington DOC Pays $2,306.22 in Prisoner PDA Suit by On October 17, 2001, the Washington Department of Corrections ("DOC") agreed to settle a suit filed against it pursuant to Washington's Public Disclosure Act ("PDA") for $2,306.22. The PDA, like its federal counterpart the Freedom of Information Act, requires all state …
Medical Care Still Deficient in Texas Prisons by Gary Hunter Deficient medical care at the unit level has Texas prisons incubating a new, more virulent strain of HIV. Dr. William Obrien is one of the most noted doctors on staff with the University of Texas Medical Branch. (UTMB) Over a …
Article • December 15, 2002 • from PLN December, 2002
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that may affect where you want to file a lawsuit against state defendants. There are some circumstances in which you may want to file your claims, including your federal claims, in state court. 1. The …
Article • December 15, 2002 • from PLN December, 2002
Correctional Medical Services Pays Out Another $1 Million in 1997 Ohio Escape, Murder by The family of Charles Dials, who was carjacked and killed by prisoner Alva Campbell during an escape attempt in April 1997, was awarded a $1 million default judgment against CMS in Franklin County (OH) Common Pleas …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Civil Procedure, Complaints
Complaint Needs Only Short, Plain Statement of Claim by Akos Swierkiewicz, a 53 year old Hungarian working for Sorema N.A., sued the company under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). The District Court for the Southern District of New York dismissed, …
Article • December 15, 2002 • from PLN December, 2002
Unnamed Class Members Can Object to Settlement by Robert Devlin, a pensioner and unnamed class member in a class action suit involving his company pension, attempted to intervene to block a proposed class settlement. The Maryland Federal District Court barred intervention as untimely and accepted the settlement. Devlin appealed, and …
Article • December 15, 2002 • from PLN December, 2002
Prisoner Allowed Discovery in Mail Destruction Case by The Second Circuit court of appeals has reversed summary judgment in a case involving the destruction of legal materials in a package mailed to a prisoner to allow the prisoner discovery to determine the name of the person who received the package …
Brief • December 12, 2002
NY Committee on Open Government Advisory Letter re Retention of Prison Video under State Records Law, 2002 Welcome to the Committee on Open Government Services 1/23/2015 News Government State of New York Department of State Committee on Open Government O ne Com m erce Plaza 99 W ashington Ave. Albany, …
Article • November 15, 2002 • from PLN November, 2002
Attorney Ghost Writing Must Be Disclosed by The Tenth Circuit has held that participation by an attorney in drafting otherwise pro se appellate briefs is per se substantial legal assistance and must be acknowledged by the attorney's signature. The case arose as a landowner's dispute wherein Arthur Duran sued Dean …
Article • November 15, 2002 • from PLN November, 2002
Michigan Visiting Ruling Upheld by In an opinion as strongly worded as the District Court opinion it reviewed, the Sixth Circuit Court of Appeals has upheld a Federal District Court ruling striking down the Michigan Department of Corrections (DOC) severe visiting restrictions as unconstitutional. PLN reported the District Court decision …
Article • November 15, 2002 • from PLN November, 2002
New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer by Lonnie Burton New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer by Lonnie Burton The 2001 revisions to New York's so-called "Son of Sam" law, which now allows …
$275,000 Awarded in Stun Belt Settlement by The Ninth Circuit Court of Appeals partially reversed a preliminary injunction order that had enjoined the Los Angeles County Sheriff from using a stun belt on prisoners. After remand, a settlement for $275,000 and a change in policy was reached. Ronnie Hawkins, a …
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