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Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice by Marvin Mentor by David M. Reutter In July 2001, the Florida Department of Corrections (FDOC) entered into a five-year contract with Philadelphia's cost-conscious Aramark Corporation to feed prisoners at 126 of the 133 prisons in Florida. The contract is …
Sandin Applied to Wisconsin Sexual Offender Civil Commitment by In analyzing a district court's order finding Richard Thielman, a sexual offender civil committee, did not have a liberty interest from being restrained by waistchains, blackbox, and leg irons when being transported outside the Wisconsin Resource Center for medical treatment, the …
Woman Gang Raped in Back of Jail Van by In August 1999, four Connecticut men sexually assaulted an unnamed female prisoner while being transported together in a New Haven County Sheriff's Department van. The men, who were also prisoners, allegedly broke down a metal gate separating them from the woman, …
U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman In a ruling believed to be the first of its kind, Judge James Gwin of the United States …
Article • February 15, 2003 • from PLN February, 2003
Protecting Your Health and Safety: A Litigation Guide for Inmates by Paul Wright by Robert Toone, Southern Poverty Law Center, 2002, 328 pages Review by Paul Wright The bottom-line for most prisoners is surviving prison. That means staying healthy, getting medical care as needed in a safe environment and not …
Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
System Examined in Death of Washington Prisoner by Angela Galloway By the time the guard helped him, the 32-year-old burglar's eyes and skin glowed yellow. Curled up on his metal bunk at McNeil Island Correctional Center, Phillip Montgomery's lanky, athletic body lay weak from days of pain and vomiting. A …
Boston Jail Strip Searches Unconstitutional by John E Dannenberg by John E. Dannenberg A Boston City Police Department (BPD) policy of invasive and degrading strip-searching of all female detainees, regardless of the cause of their detention, while not similarly treating male detainees, violated the unreasonable search provisions of the Fourth …
Article • February 15, 2003 • from PLN February, 2003
Jury Awards $392,000 for Failure to Protect New York Jail Prisoner by A federal district court in New York has denied a guard's motion seeking judgment as a matter of law, or for a new trial after a jury awarded a prisoner $392,000 total damages for the guard's failure to …
Alabama Jail Conditions Unconstitutional, County Liable by David Reutter by David M. Reutter The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious …
All California Prisoners Win Upgraded Medical Care by John E Dannenberg by John E. Dannenberg On January 25, 2002, the California Department of Corrections (CDC) entered into a settlement in a class action lawsuit that will upgrade medical care for 157,000 prisoners at all 33 California state prisons. Following the …
Texas' Historic Ruiz Lawsuit Settled by Donna Brorby by Donna Brorby and Meredith Martin Rountree One of the biggest prison class actions of our time is over. As appeals by both sides were pending in the Fifth Circuit, the historic Ruiz class action lawsuit against the Texas Department of Criminal …
EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic by In April, 2002, Robert Cornwall, 30, a quadriplegic, settled a lawsuit against the Washoe county jail in Nevada for $40,000. The lawsuit stemmed from Cornwall being arrested on domestic violence charges against his wife on July 25, 2000. Cornwall spent …
Prison Officials Liable for Gang Member's Murder by A federal court in Connecticut de-nied prison officials qualified immunity in an action arising from the murder of a gang member by his cellmate while housed in a Close Custody unit. Juan Rodriguez, a prisoner of the Connecticut Department of Corrections, (CDOC) …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
Article • January 15, 2003 • from PLN January, 2003
North Carolina Jail Fire Kills Eight Prisoners by A fire in the Mitchell county jail at Bakersville, North Carolina killed eight prisoners on May 3rd. Joey Grindstaff, 23; Mark Thomas, 20; Edmond Banks, 46; Danny Johnson, 42; Jesse Davis, 27; Jeremiah Presnell, 20; Jason Boston, 27; and Tywain Neal, 28 …
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
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