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Ashman v. Marshall, MA, Complaint, Unsanitary Prison Conditions, 2000
Brief • December 19, 2000
Filed under: Conditions of Confinement
Ashman v. Marshall, MA, Complaint, Unsanitary Prison Conditions, 2000 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. _ DENTON ASHMAN, KENNETH BERNSTEIN, FREDERICK CHRISTIAN, STEPHEN DOHERTY, RICHARD EILERTSEN, SCOTT FREZZA, DAMON GENTILE, ROBERT GRADY, CRAIG HOLLIDAY, ANDREW KILBURN, TED OTSUKI, CLINTON RICHARDSON, GEORGE SCHINDLER, MICHAEL THOMPSON, HUNG TROUNG …
Ashman v. Marshall, MA, Complaint, Inhumane Confinement Conditions, 2000
Brief • December 19, 2000
Filed under: Conditions of Confinement
Ashman v. Marshall, MA, Complaint, Inhumane Confinement Conditions, 2000 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. _ DENTON ASHMAN, KENNETH BERNSTEIN, FREDERICK CHRISTIAN, STEPHEN DOHERTY, RICHARD EILERTSEN, SCOTT FREZZA, DAMON GENTILE, ROBERT GRADY, CRAIG HOLLIDAY, ANDREW KILBURN, TED OTSUKI, CLINTON RICHARDSON, GEORGE SCHINDLER, MICHAEL THOMPSON, HUNG TROUNG …
News in Brief
Article • December 15, 2000 • from PLN December, 2000
Filed under: News, News in Brief
News in Brief by NEWS IN BRIEF: AZ: On September 12, 2000, 20 Hawaiian prisoners at a Corrections Corporation of America (CCA) prison in Florence rioted and took a guard hostage. While complaining about the way their rice was cooked, prisoners took CCA guard Dean Goodwin hostage for 15 minutes. …
Excessive Force Claims Require Administrative Exhaustion
Article • December 15, 2000 • from PLN December, 2000
Filed under: ENT, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings
Excessive Force Claims Require Administrative Exhaustion by The court of appeals for the Sixth circuit held that prisoners filing suit seeking only money damages for excessive use of force by prison employees must exhaust their administrative remedies before they file suit. Dwight Freeman, an Ohio state prisoner, filed suit seeking …
Sexual Assault, Beatings State Claim
Article • December 15, 2000 • from PLN December, 2000
Filed under: Staff-Prisoner Assault, Injury -- Misc., Eighth Amendment, Administrative Exhaustion (PLRA), Physical Injury Rule, Excessive Force, Guard Brutality/Beatings
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
En Banc Sixth Circuit Addresses Mental Health Care
Article • December 15, 2000 • from PLN December, 2000
Filed under: Medication, Qualified Immunity, Medical Neglect/Malpractice, Mental Health, Failure to Treat (Mental Illness), Suicides
En Banc Sixth Circuit Addresses Mental Health Care by By Matthew T. Clarke Anthony Wade was a Michigan state prisoner who committed suicide by taking an overdose of anti-depressant Sinequan (Doxepine) pills. During the year Wade was in presentencing incarceration at the Wayne County Jail (WCJ), he suffered from depression …
WA 35% Seizure Statute Ruled on by Ninth Circuit
Article • December 15, 2000 • from PLN December, 2000
Filed under: Seizure of Prisoner Funds, Tax Law, Federal Statutory Law, ERISA, Marriage
WA 35% Seizure Statute Ruled on by Ninth Circuit by Paul Wright By Paul Wright The court of appeals for the Ninth circuit upheld the constitutionality of a Washington state statute that allows the Washington Department of Corrections (DOC) to seize 35% of all money sent to prisoners from sources …
Notes From the Unrepenitentiary: CA Prisoners Denied Medical Care
Article • December 15, 2000 • from PLN December, 2000
Filed under: Medical, HIV/AIDS
Notes From the Unrepenitentiary: CA Prisoners Denied Medical Care by Linda Evans By Linda Evans Once again the Prison Litigation Reform Act (PLRA) and federal courts have prevailed in their determination to suppress prisoners' human rights. Despite startling new evidence of records tampering, falsified medical test results, and medical neglect, …
Family Impact of Out of State Transfers Immaterial
Article • December 15, 2000 • from PLN December, 2000
Filed under: Classification, Out of State Transfers, Mothers in Prison
Family Impact of Out of State Transfers Immaterial by The court of appeals for the Seventh circuit held that no due process right of minor children was violated when their imprisoned mother was transferred to a federal prison in West Virginia from a Wisconsin prison. Carin Froehlich is a Wisconsin …
Death as a Salesman: Benneton Ad Campaign Comes to Death Row
Article • December 15, 2000 • from PLN December, 2000
Filed under: Conditions of Confinement, Prison Tourism/Consumerism, Attorneys General, Death Row, Censorship
Death as a Salesman: Benneton Ad Campaign Comes to Death Row by Dan Pens By Dan Pens In January, 2000, Italian fashion conglomerate Benetton Group kicked off a worldwide "issue advocacy" ad campaign titled "Looking Death in the Face." The ads, featuring images of death row prisoners, sparked outrage among …
Illinois Supermax Hunger Strike
Article • December 15, 2000 • from PLN December, 2000
Filed under: Racial Discrimination, Organizing, Hunger Strikes, Food, Exercise, Pepper Spray/Tear Gas, Mail Regulations, Failure to Treat (Mental Illness)
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
Attorney Fees Awarded in Challenge to Nevada Shooting Policy
Article • December 15, 2000 • from PLN December, 2000
Filed under: Attorney Fee Awards, Excessive Force, Shootings, Costs, Failure to Treat (Mental Illness)
Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
False Evidence Meets Some Evidence Standard
Article • December 15, 2000 • from PLN December, 2000
Filed under: Disciplinary Hearings, False Charges (Disciplinary Hearings), Standard of Proof
False Evidence Meets Some Evidence Standard by The U.S. court of appeals for the Seventh Circuit held that even dubious evidence satisfies the "some evidence" standard of proof in prison disciplinary proceedings. The court also held that due process does not include a right to submit further evidence on appeal …
Dying For Profits: CMS and the Privatization of Prisoner Health Care
Article • December 15, 2000 • from PLN December, 2000
Filed under: Contractor Misconduct, DOC/BOP misconduct, Medical Misconduct, Medication, Systemic Medical Neglect, Dental Care, Damages, Settlements, Contractor Liability, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Guards/Staff, Guard Unions, Nat'l Commission on Correctional Health Care
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
CMS Fined Nearly $1 Million in Virginia
Article • December 15, 2000 • from PLN December, 2000
Filed under: Out of State Transfers, CMS, Medical Misconduct, Medical, Systemic Medical Neglect, Dental Care, Medical Records, Contractor Liability
CMS Fined Nearly $1 Million in Virginia by Dan Pens Correctional Medical Services (CMS) contracts with the Virginia Department of Corrections (VDOC) to provide medical care to some of its 30,000 prisoners. In a 13-month period starting in January 1999 the VDOC levied nearly $1 million in fines against CMS …
Fired Washington Parole Officer Wins $250,000 Settlement
Article • December 15, 2000 • from PLN December, 2000
Filed under: DOC/BOP misconduct, Retaliation against Staff, Victims, Settlements, Parole, Immunity/Liability, Parole Liability, Employee Litigation
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Medical Claims Against CMS to be Refiled in State Court
Article • December 15, 2000 • from PLN December, 2000
Filed under: CMS, HIV/AIDS, Systemic Medical Neglect, Hepatitis, Civil Procedure, State Law Claims, Medical Neglect/Malpractice, Suicides
Medical Claims Against CMS to be Refiled in State Court by By Matthew T. Clarke A federal district court in Illinois has dismissed the breach of medical care duty suit of a suicide prisoner's estate against Correctional Medical Services of Illinois (CMS), but encouraged the refilling of the suit in …
CA Court Overrules Parole Denial
Article • December 15, 2000 • from PLN December, 2000
Filed under: Sentencing, Parole
CA Court Overrules Parole Denial by John E Dannenberg By John E. Dannenberg The CA Court of Appeals affirmed the Los Angeles superior court's ruling that there was "no evidence" to support the Board of Prison Terms' (BPT) parole unsuitability finding for a 2nd degree murderer and ordered the BPT …
Controversy Surrounds Letourneau Tape
Article • December 15, 2000 • from PLN December, 2000
Filed under: DOC/BOP misconduct, Attorney Client, Telephones, Attorney Calls
Controversy Surrounds Letourneau Tape by A Washington DOC investigator allegedly left his job at the state women's prison in Purdy with a souvenir: a tape recording of Mary K. Letourneau talking on the phone with her attorney. After starting a new job at the state Attorney General's office in 1998, …
Idaho Prisoners Can Sue for On-the-Job Injuries
Article • December 15, 2000 • from PLN December, 2000
Filed under: Work, Workplace Injury, Work Conditions/Safety, Injury -- Misc., Amputations, Sovereign Immunity, Failure to Train/Supervise
Idaho Prisoners Can Sue for On-the-Job Injuries by The Idaho state Supreme Court held that prison officials were not entitled to summary judgment in an action brought by prisoners for injuries sustained during participation in a prison work program. Prisoners Mark Mead and Jeff Smith were injured in separate accidents …
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