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Article • January 15, 2002 • from PLN January, 2002
Michigan Disciplinary Hearing Class Action Settled by A federal district court in Michigan has approved a proposed settlement agreement in a classaction lawsuit against the Michigan Department of Corrections (MDOC). The Court also modified class representation. In 1996, Richard Heit and two others filed a complaint on behalf of themselves …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …
Article • January 15, 2002 • from PLN January, 2002
Prisoners Entitled to Hearing Before Consent Decree Termination by John E Dannenberg by John E. Dannenberg The U.S. District Court's (D.N.H.) PLRA based termination of a 1975 New Hampshire state prison consent decree was vacated and remanded to permit the prisoners an opportunity to demonstrate if there were any "current …
Article • January 15, 2002 • from PLN January, 2002
En Banc Third Circuit Rules on PLRA Three Strikes by In a 134 en banc decision, the Third Circuit Court of Appeals abandoned its prior interpretation of the "imminent danger" exception to the PLRA's "three strikes" rule, 28 U.S.C. § 1915(g), and adopted the interpretation given to the phrase by …
New Jersey Prisoners Exempt from Exhaustion Requirement by New Jersey Prisoners Exempt From Exhaustion Requirement A federal district court has held that New Jersey prisoners are not required to exhaust institution implemented grievance procedures before filing a civil rights suit. New Jersey prisoners Victor Concepcion and Anthony Ways filed suit …
Article • January 15, 2002 • from PLN January, 2002
PLRA Screening Applies Regardless of Fee Status by The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) screening and dismissal provisions apply even when the prisoner is not proceeding in forma pauperis . Federal prisoner Gerald Plunk filed a Bivens action alleging that he was …
Article • January 15, 2002 • from PLN January, 2002
U.S. Marshal's Conviction for Raping Prisoners Affirmed by The Fifth Circuit Court of Appeals affirmed a United States Marshal's conviction and sentence for raping female detainees and a court security officer in a federal courthouse. As a Deputy United States Marshal, Richard Urrabazo supervised detainees in the cell block of …
Article • January 15, 2002 • from PLN January, 2002
Colorado ACLU Settles Restraint Board Suit by Ronald Young A monitoring agreement was reached between the ACLU Foundation of Colorado, the El Paso County Board of County Commissioners (BOCC), and the El Paso County Sheriff's Office (EPSO) regarding EPSO's use of a restraint board and Level 3 restraints on jail …
California Pays for Guard's Sexual Misconduct by Willie Wisely by W. Wisely California taxpayers must pay $154,212 in damages to a former female prison guard sexually harassed on the job, according to the Sacramento Bee . Ray Collie, the lieutenant who couldn't seem to control his urges, owes just $75,000 …
Indiana Prisoners Riot in CCA Prison by On July 6, 2001, hundreds of Indiana state prisoners held at the Otter Creek Correctional Complex in Wheelwright, Kentucky, rioted. The prison is owned and operated by the private, for profit, Corrections Corporation of America. The riot lasted nine hours and involved prisoners …
$250,000 in Hawaii Beating Death by In May 2001, the Hawaii prison system paid $250,000 to settle a lawsuit stemming from a prisoner being beaten to death by prison guards. In 1999 Antonio Revera, 26, was serving a 10 year sentence for rape in the Halawa Correctional Facility. While being …
Article • January 15, 2002 • from PLN January, 2002
BOP Smoking Suit Dismissed by A federal district court in New York has dismissed a civil complaint filed by 435 federal prisoners against tobacco manufacturers and prison officials. The complaint alleged that tobacco manufacturers and Federal Bureau of Prisons (BOP) director, Kathleen Hawk, conspired to sell as many cigarettes as …
Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
Texas Gives $2 Million to Proselytizing Prison Program by by Matthew T. Clarke The Texas Legislature appropriated an additional $1.5 million to expand the Interchange Freedom Initiative (IFI) to include prisoners who expect to be paroled to the DallasFort Worth area. Sponsored by Prison Fellowship Ministries, an organization founded by …
Article • January 15, 2002 • from PLN January, 2002
Ohio Appellate Court Holds No Privacy Right in Urine by The highly influential Tenth District Court of Appeals of Ohio has ruled that prisoners "have no reasonable expectation of privacy in the items they possess in a prison or in the activities in which they engage while incarcerated. This loss …
Damages Awarded in Ohio Disciplinary Suit by A federal district court in Ohio held that a trial was required to determine if a prisoner was improperly denied the right to call witnesses at a disciplinary hearing. The Court also held that the suit was not barred by the PLRA or …
Washington DOC Suffers Yet Another Multi-Million Dollar Negligent Supervision Settlement by Lonnie Burton On May 16, 2001, the State of Washington and King County agreed to pay $5.5 million to the family of a man stabbed to death by a mentally ill man who was mistakenly released from the King …
Article • January 15, 2002 • from PLN January, 2002
ALEC in the House: Corporate Bias in Criminal Justice Legislation by Brigette Sarabi The past twenty years have marked a dramatic shift to more harsh criminal justice policies. While it is common knowledge that politicians beat the "tough on crime" drum to win elections, one has to wonder where they …
Article • January 15, 2002 • from PLN January, 2002
Filed under: Editorials, Mail, Legal Mail
From the Editor by Paul Wright Welcome to the New Year. This will mark PLN's thirteenth year of publishing, and we hope to make significant strides in terms of increasing both PLN 's circulation and its size. We need an additional $500 per month to add four pages to PLN …
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