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Medical Monitoring Suit Settled for $675,000 by Oregon State Prisoners' Class Action Victory A class action lawsuit by Oregon prisoners involved in radiation experiments from 1963 to 1973 and still living as of December 31, 1997, who were not treated under Oregon's Medical Monitoring Statute (MMS) was settled for $675,000 …
Article • December 15, 2001 • from PLN December, 2001
Oregon Radiation Suit Settled for $1.5 Million by On April 24, 2001, a class action lawsuit by Oregon prisoners who participated in radiation experiments from 1963 to 1973 was settled for $1,517,000 in damages, attorneys' fees, costs and expenses. Sixty_seven prisoners at the Oregon State Penitentiary participated in experiments in …
Washington Supreme Court Rules Imprisoned Children Entitled to Education by Patricia Arthur In a case of first impression, the Washington Supreme Court has ruled that prisoners in Washington State under the age of eighteen have a fundamental right under the Washington State Constitution to an education while in prison. [See: …
Article • December 15, 2001 • from PLN December, 2001
Habeas Hints: AEDPA Update 2001 by Kent Russell This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
Article • December 15, 2001 • from PLN December, 2001
New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners by In the April 2001 issue of PLN we reported Friedl v. City of New York , 210 F.3d 79 (2nd Cir. 2000) in which Walter Friedl, a New York Department of Correctional Services (DOCS) prisoner on work …
Article • December 15, 2001 • from PLN December, 2001
Arizona Supreme Court Upholds Application of Gate Money Amendments by The Arizona Supreme Court, sitting en banc , held that amendments to Arizona's "Gate Money" statute were not applied retroactively and did not violate due process or ex post facto prohibitions. Arizona prisoner Reinhold Zuther was convicted in 1992. At …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Sentencing, Detainers
U.S. Supreme Court Holds Violation of IAD's Anti-Shuttling Provisions Requires Dismissal by The United States Supreme Court held that the "anti-shuttling" provision of Article IV(e) of the Interstate Agreement on Detainers (IAD) requires dismissal of the pending criminal charge(s) in the receiving state when the prisoner is returned to the …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Civil Procedure, Appeals
Failure to Sign Notice of Appeal Not Jurisdictional by In a unanimous decision, the United States Supreme Court held that although the Federal Rules of Appellate Procedure (FRAP) require that a notice of appeal be signed, the failure to sign a timely notice did not require the Court of Appeals …
Supreme Court Eliminates "Catalyst Theory" Fee Awards by Supreme Court Eliminates "Catalyst Theory" Fee Awards In a 54 decision, the United States Supreme Court held that the "catalyst theory" is no longer a permissible basis for an award of attorneys' fees to "prevailing parties" under fee shifting statutes such as …
Article • December 15, 2001 • from PLN December, 2001
Florida DOC Clears Itself of Racism Charges by The September 2001 issue of PLN reported on a series of lawsuits filed by black prison employees against the Florida Department of Corrections, as well as racist brutality by Florida prison guards. Florida DOC Secretary Michael Moore at the time promised to …
Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit by Ronald Young A federal judge in Oklahoma City ruled in May 2001 that the government was negligent in the death of federal prisoner Kenneth Michael Trentadue and ordered the family to be paid $1.1 million for emotional distress. …
Race-Based Religious Policy Unconstitutional by The Court of Appeals for the Fourth Circuit has held that prison officials' denial of Native American religious items to a non-Native American prisoner based solely upon his race violates the Equal Protection Clause of the Fourteenth Amendment. Virginia prisoner Gary David Morrison, Jr., filed …
Article • December 15, 2001 • from PLN December, 2001
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit …
Article • December 15, 2001 • from PLN December, 2001
Filed under: News, News in Brief
News in Brief by News in Brief: Arkansas: On August 23, 2001, Joseph Davis, 39, and Bobby Green, 51, prisoners at a state prison in Varner feigned illness and jumped a guard. The men then stole the guard's truck and kidnapped an unidentified off duty guard and his daughter. The …
Article • December 15, 2001 • from PLN December, 2001
Denial of Treatment for Two Hours Defeats Qualified Immunity by Denial Of Treatment For Two Hours Defeats Qualified Immunity Afederal district court in Alabama has held a detainee's allegations that guards failed to take action on his complaints of chest pains for over two hours defeats qualified immunity. After being …
Article • December 15, 2001 • from PLN December, 2001
New Missouri Mega-Prison Mothballed by Ronald Young What if they built a prison and nobody came? It's every prison abolitionist's dream come true. Such a reality has unfolded, even if only temporarily, in the rural Missouri community of Bonne Terre. The economic history of Bonne Terre is a familiar one, …
Article • December 15, 2001 • from PLN December, 2001
Administrative Remedies Need Not Identify Wrongdoers by The Court of Appeals for the Eleventh Circuit has held that prisoners do not need to identify those persons directly involved in the alleged deprivations in their administrative remedies to satisfy the exhaustion requirement of 42 U.S.C. § 1997(e)a. Prisoner Raymond Brown filed …
Article • December 15, 2001 • from PLN December, 2001
Connecticut and Florida Change Felon Disenfranchisement Laws by Connecticut and Florida take different approaches as they address the disenfranchisement of convicted felons. In Connecticut, state lawmakers, after intense debate and much legislative maneuvering, passed a bill that gives back the right to vote to convicted felons on probation. In a …
Article • December 15, 2001 • from PLN December, 2001
Staff Shortage in Nation's Prisons by Gary Hunter Across the nation, states are plagued by a shortage of prison guards. A decade of building prisons has created an industry that employs more people than General Electric, and costs taxpayers in excess of $40 billion a year. To fill the shortage …
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