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Rape and Racism in Washington Prisons by The Second Division of the Court of Appeals of Washington overturned a jury verdict against the Washington Department of Corrections (DOC) in which a prison sergeant sued DOC for racially discriminatory treatment against him. Geronimo Subia is a male prison sergeant of Native …
Article • May 15, 2002 • from PLN May, 2002
Wisconsin Jail Settles Escape Lawsuit with Escapee by In September, 2001, Wausau Insurance, the insurer for the city of Shawano, Wisconsin, agreed to pay Nicholas Bishop, 22, $5,000 to settle a lawsuit Bishop had filed against the city in federal court in Madison. The lawsuit claimed that two city policemen …
"Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners by John E Dannenberg "Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners by John Dannenberg Noting that the Eighth Amendment's cruel and unusual punishment clause protects the mental health of …
Article • April 15, 2002 • from PLN April, 2002
Angola Prisoner Wins $1.5 Million Verdict Against Five Guards for Assault by Lonnie Burton In January 2001, pro se prisoner John Poullard won a $1.5 million judgment against five guards who beat him in retaliation for other lawsuits and complaints he had previously filed. Poullard, who is serving time at …
Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
$237,500 New York Administrative Segregation Verdict Upheld by A New York state prisoner won damages in a jury trial in the United States District Court for the Western District of New York against employees of the New York State Department of Correctional Services (DOCS) for due process violations in confining …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
Article • April 15, 2002 • from PLN April, 2002
Massachusetts DNA Law Invalidated by In an unpublished ruling, the Superior Court of Massachusetts invalidated a state statute authorizing the Massachusetts Department of Corrections (MDOC) to: define indigence for the purpose of assessing costs of collecting and processing DNA samples; and impound and seize funds from prisoner accounts without their …
BOP Disciplinary Habeas Requires Exhaustion by The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused …
Article • April 15, 2002 • from PLN April, 2002
No Immunity for Photo Limit by The Court of Appeals for the Eighth Circuit, in a per curium opinion, held that Arkansas prison officials were not entitled to qualified immunity for promulgating a policy that allows prisoners to retain only five photographs in their cells. Len Davis, a federal prisoner …
Pubic Hair Search by Medical Personnel Constitutional by The Court of Appeals for the Eleventh Circuit has overturned a district court's order that held as unconstitutional a Sheriff's policy of searching a prisoner's pubic hair prior to release. PLN previously reported the district court's order. (See: Skurstenis v. Jones , …
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee by John E Dannenberg The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly …
Article • April 15, 2002 • from PLN April, 2002
$250,000 Award for Paraplegic Dallas County Jail Prisoner by $250,000 Award For Paraplegic Dallas County Jail Prisoner by Matthew T. Clarke A paraplegic Texas prisoner has been awarded a quarter million dollars for pain and suffering caused by conditions in the Dallas County Jail (the jail). Brent Lawson, a Texas …
Pennsylvania Youths Have No Right to Education by The Court of Appeals for the Third Circuit has held that Pennsylvania youths sentenced as adults and sentenced to county detention centers have no right to an education. This was a class action suit filed by school-aged youths against the Pennsylvania Department …
No Qualified Immunity for Prison Officials Who Upheld Grievance by In a scathing opinion written in the first person, Elaine Bucklo, a federal judge in Illinois, handed down a potentially far-reaching ruling which favored a prisoner complaining of inadequate medical care, denied qualified immunity to prison medical workers, and found …
Article • March 15, 2002 • from PLN March, 2002
Qualified Immunity Upheld for Probation Officer in HIV Privacy Action by The Court of Appeals for the Tenth Circuit has found that there is a right to privacy in non-disclosure of HIV status by government employees but granted qualified immunity to a probation officer since the law was not clearly …
Article • March 15, 2002 • from PLN March, 2002
Pennsylvania's Released Felons Granted Right to Register to Vote by An intermediate court of appeals in Pennsylvania struck down a voter registration law that prohibited convicted felons from voting for 5 years after their release from prison. Lorenzo Mixon and five present and former prisoners filed a lawsuit challenging Pennsylvania …
Article • March 15, 2002 • from PLN March, 2002
Equitable Tolling May Apply to Administrative Exhaustion by The Arizona Court of Appeals reversed a trial court's grant of summary judgment against a prisoner for failure to file a tort claim notice with the Attorney General's office within 180 days of his injury as required by ARS § 12821.01(A). On …
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