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Article • July 15, 2001 • from PLN July, 2001
Non-Physical Damage Claims Barred Until Released by The Court of Appeals for the Eleventh Circuit has held that a lawsuit which seeks damages for emotional and mental claims filed by a prisoner while confined are barred, but the same claim can be pursued if filed after release. Eleven Georgia prisoners …
New York AG Turns on Client by A Court of Claims judge denounced a highranking lawyer in the Attorney General's office after she threatened and attempted to intimidate a claimant's expert witness_who happened to be the former New York State Commissioner of Correctional Services. Former Commissioner Thomas A. Coughlin III …
Retaliatory Infraction Creates Heck Exception by The Court of Appeals for the Seventh Circuit held a prisoner may bring a 42 U.S.C. §1983 action upon a claim of retaliatory disciplinary action even when the underlying disciplinary action has not been overturned. Illinois prisoner Anthony Dewalt sued various officials at Dixon …
Retaliation Claim Merits Factual Resolution by An Arizona federal district court has held that a prisoner's claims that he was subjected to urinalysis, placed in administrative segregation, classified as a gang member and denied access to the law library as retaliation for filing civil actions against prison officials warranted proceedings …
Article • July 15, 2001 • from PLN July, 2001
Georgia Parole Law May Violate Ex Post Facto by The Court of Appeals for the 11th Circuit held that a Georgia law changing the frequency between parole hearings may violate the ex post facto clause. Georgia prisoner Paul Harris claimed the retroactive application of Ga. Comp. R & Reg. r. …
Article • July 15, 2001 • from PLN July, 2001
Constant Illumination States Eighth Amendment Claim by Pennsylvania state prisoner Lamont Harris filed a pro se petition for review, alleging that being forced to live in constant illumination 24 hours per day while in punitive segregation was cruel and unusual punishment in violation of the Eighth Amendment. Harris claimed that …
Article • July 15, 2001 • from PLN July, 2001
Private Jail Settlement Not a Consent Decree under PLRA by John E Dannenberg by John E. Dannenberg The United States District Court, Eastern District of CA, held that a "private settlement" agreement to cap the El Dorado (California) County jail population was not a "consent decree" as defined in the …
Oklahoma Good Time Rule Violates Ex Post Facto by The Tenth Circuit Court of Appeals held that an amended Oklahoma Department of Corrections (ODOC) regulation that rescinded earned good time credits violates the Ex Post Facto Clause. Prisoner Steve A. Smith filed a petition for writ of habeas corpus challenging …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Private Prisons, Reviews, Crime
Book Review: The Perpetual Prisoner Machine: How America Profits From Crime by Rick Card by Joel Dyer, Westview Press, 2000 (318 pages) Reviewed by Rick Card An estimated 69 million people, or 44 percent of all households now own stock or invest in one of thousands of mutual funds. According …
Article • July 15, 2001 • from PLN July, 2001
PLRA Limits Guard's Liability for Prisoner's Attorney Fees by John E Dannenberg PLRA Limits Guard's Liability For Prisoner's Attorney Fees by John E. Dannenberg The US District Court, SD Ohio ruled that the Prison Litigation Reform Act's (PLRA) 150% cap restricting a prevailing prisoner plaintiff's attorney fees limited only how …
$235,000 Awarded to CCA Prisoner in Medical Suit by On March 23, 2001, a federal jury in Memphis, Tennessee, awarded Tennessee state prisoner Charles Degan $235,000 in damages in a medical neglect suit against Corrections Corporation of America (CCA), the world's largest private, for profit, prison company. In 1998 Degan's …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Crime/Demographics, Escapes
BOP Imposter Scheme Discovered by For more than a year, the BOP had an imposter in its midst officials discover last October. One man paid another to do his time and the BOP remained clueless until the imposter escaped. After pleading guilty to a charge of receiving proceeds from a …
Article • July 15, 2001 • from PLN July, 2001
Book Review: Capital Crimes by Allen N Huxley by George Winslow, Monthly Review Press (1999), 360 pages Review by Allen N. Huxley Crime dominates the news, arouses fear and anger among the mass media-consuming public, and oils the rhetorical machinery of opportunistic politicians. Yet for all of the moralizing, finger …
Article • July 15, 2001 • from PLN July, 2001
Washington Prisoners' Out-of-State Transfer Upheld by The Washington Supreme Court held that the Department of Corrections (DOC) possessed statutory authority to transfer nearly 400 prisoners to an outofstate, private prison. In March of 1999, DOC transferred 254 prisoners to the Correctional Services Corporation run Crowley County Correctional Facility in Olney …
Article • July 15, 2001 • from PLN July, 2001
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
Article • July 15, 2001 • from PLN July, 2001
Massachusetts Disenfranchises its Prisoners by Massachusetts Disenfranchises Its Prisoners by Peter Wagner On November 7, 2000, by a 2 to 1 margin, Massachusetts disenfranchised its prisoners with a constitutional amendment called Question 2. Question 2 marked the first time that the Massachusetts constitution had been amended to take away rights …
Article • July 15, 2001 • from PLN July, 2001
Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review by Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review The Kansas Supreme Court has held that the Due Process Clause of the Fourteenth Amendment requires proof of a …
Arkansas Guards Indicted for Shocking Prisoners by Arkansas Guards Indicted For Shocking Prisoners On February 7, 2001, criminal charges were filed in a federal District Court in Arkansas against 6 former guards who beat handcuffed prisoners and shocked them with a stungun and a cattle prod. On January 7, 1998, …
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