Preliminary Injunction Insufficient for Prevailing Party Status by Under Buckhannon, a preliminary injunction does not make a plaintiff a prevailing party for fees purposes, since the merits inquiry for a preliminary injunction is "necessarily abbreviated" and in some cases a plaintiff need only establish a substantial question on the merits. …
No Qualified Immunity to Virginia DOC Officials in Smoking Suit by The plaintiff, a non-smoker with a respiratory condition, was double-celled over his objection with a habitual smoker of cigars. In response to his grievance, he was moved to a unit for "troublemakers" and assigned to a cell with a …
Virginia Prison Warden's Defamation Suit Survives Dismissal Motion by The United States District Court, Western District of Virginia, denied motions by Connecticut newspapers, reporters, and editors to dismiss a Virginia prison warden's suit against the Connecticut defendants after the defendants posted allegedly defamatory news articles on the newspapers' World Wide …
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
Virginia Prison Minister Indicted on Sex Charges; Ministries Under Fire by Gary Hunter Toney Leon McDonald, an ex-sheriff?s deputy and now ex-prison minister, was arrested on May 17, 2006 on four counts of sexual misconduct with a 23-year-old female prisoner. After posting a $25,000 bond, McDonald surrendered to authorities a …
Virginia Guard Hazed By Coworkers Awarded $25,001 by Michael Rigby On March 1, 2006, a jury in the U.S. District Court for the Western District of Virginia awarded $25,001 to a prison guard who was subjected to a humiliating hazing ritual by his coworkers. Guard Terry Givens was promoted to …
Virginia Jail Disgraceful by Gary Hunter Richmond City Jail is in such bad shape newly elected Sheriff C.T. Woody called it a ...disaster. I knew it was bad, but I had no idea it was that bad, he said. On January 4, 2006 a report was issued detailing the deficiencies …
Court Invalidates BOP Prisoners' UCC Liens Against Judges and Officials by A Virginia federal district court has entered a permanent injunction against two federal prisoners who filed liens under the Uniform Commercial Code (UCC) against judges and prison officials. The United States government brought this action against Lorenzo Grade Martin …
Anderson-Bey et al v. District of Columbia, DC, Opinion, 8th Am bus conditions, 2008 Case 1:00-cv-02000-RCL Document 112 Filed 12/11/2006 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNETH ANDERSON-BEY, et aL, ) ) Plaintiffs, ) ) v. ) DISTRICT OF COLUMBIA, et al. Civil …
Virginia's General Assembly Sells Out Prisoners' Families for Phone Money by Gary Hunter Virginia's General Assembly reneged on their agreement with a prisoner advocate group to substantially reduce phone rates between prisoners and their families. Virginia's Citizens United for the Rehabilitation of Errants (CURE) had lobbied for years to have …
Virginia Sheriffs Pay for Christian Ministries by Michael Rigby Several Virginia sheriffs have used public money to pay for services from Christian groups that minister to prisoners, the Virginia-Pilot reported on March 2, 2006. The payments have drawn criticism from some watchdog groups that advocate for a strong separation of …
Virginia Prisoners Challenge Grooming Policy Under RLUIPA by Get in a fight behind bars and in most states, youll serve somewhere between a few days or months in segregation. Refusal to cut your hair in Virginia and youll be segregated until you comply. In 1999 the Virginia Department of Corrections …
$769,000 Awarded For Death of Asthmatic Virginia Jail Prisoner by On May 11, 2005, a jury in Portsmouth City, Virginia, awarded $769,000 to the family of an asthmatic prisoner who died in the city jail due to inadequate medical care. While serving a five day sentence in the Portsmouth jail …
Michigan Youth Prison Closed But Problems Continue by Michael Rigby During its six years of operation, the Michigan Youth Correctional Facility has been criticized over abuse, suicide attempts, and a policy of filling beds at the maximum-security prison with low level offenders. But even after its closure, the privately run …
Virginia Governor Warner Restores Felons' Voting Rights, Ignites Controversy by by Matthew T. Clarke Then Virginia Governor Mark Warner restored the voting rights of 1,892 felons who had served their sentences, 1,110 of them in 2004. Opposition politicians have accused him of "rubber-stamping" the restoration process. Virginia is one of …
Fourth Circuit Holds Claims Value Relevant to Frivolous Determination by The Fourth Circuit Court of Appeals held that a district court may consider the value of the prisoner's claim when determining whether to dismiss it as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), the in forma pauperis statute. Federal prisoner Paul …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
What's Wrong With the ACA? by Elizabeth Alexander The American Correctional Association (ACA) is the largest and best-known organization of prison and jail staff in the country. It offers higher education programs designed to train prison industry professionals and, like a traditional professional association, it certifies persons as members in …
Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge by Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge The Virginia Supreme Court, in an un-published opinion, has held the State Corporation Commission (SCC) does not have jurisdiction to hear challenge to prisoner phone rates. Virginia Department of …
Virginia Prison Drives Women to Depression and Suicide by Gary Hunter Overwhelming depression drove Shawana West to hang herself when she learned that she was being placed in the Structured Living Unit (SLU) at Virginia's Fluvanna Correctional Center for Women. While the attempt was unsuccessful it did not fail to …
