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ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
Article • June 15, 2002 • from PLN June, 2002
Texas Appeals Court Grants Prisoner Mandamus on Discovery by by Matthew T. Clarke A state appeals court in Texas has conditionally granted a prisoner's petition for a writ of mandamus to order the judge of a Texas state district court to hear and rule upon the prisoner's request for discovery …
Article • June 15, 2002 • from PLN June, 2002
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Eighth Amendment Challenge to California Integrated Yard Policy Is Triable by Marvin Mentor In a California prisoner suit claiming cruel and unusual punishment for the prison's "integrated yard" policy, the Ninth Circuit US Court of Appeals ruled that the factual question presented could proceed to trial, thus rejecting prison defendants' …
County Supervisors Liable for Indemnifications by John E Dannenberg County Supervisors Liable For Indemnifications by John E. Dannenberg The Los Angeles (LA), California County Board of Supervisors made official decisions, and thus a policy, to indemnify their county sheriffs so as to willfully (i.e., in bad faith) protect the sheriffs …
Article • May 15, 2002 • from PLN May, 2002
Failure to Timely Pay Filing Fee Dismissal Reversed by The Court of Appeals for the Seventh circuit held that a district court erred when it dismissed a prisoner's suit for failure to pay the filing fee in a timely manner. Bernard Beyer, a Wisconsin prisoner held in a private prison …
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Article • May 15, 2002 • from PLN May, 2002
Prison Phone Rate Case Remanded to South Carolina State Court by The United States District Court of South Carolina has remanded to state court a suit by prisoners' family members against Sprint Payphone Services and other communications providers, the State of South Carolina, and the South Carolina Department of Corrections …
Montana Supreme Court Upholds Refusal to Seal Settlement Agreement by The Montana Supreme Court held that prevailing party did not establish that privacy rights of parties outweighed the public's right to know what costs it incurred in a settlement agreement. Steve Pengra brought suit against Montana, contending that the State's …
Wisconsin Ban on Sexually Explicit Materials Unconstitutional by Bob Williams The Federal District Court for the Western District of Wisconsin has denied a motion for summary judgment finding the Wisconsin Department of Corrections' (WDOC) ban on sexually explicit materials violated prisoners' First Amendment freedom of speech and Fourteenth Amendment due …
$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 …
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
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 …
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 …
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