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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Massachusetts DNA Law Invalidated by In an unpublished ruling, the Superior Court of Massachusetts invalidated a state statute authorizing the Massachusetts Department of Corrections (MDOC) to: define indigence for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 …
The Cost of Medical Neglect in Washington Prisons by Sam Rutherford By Sam Rutherford The case, Corner v. State of Washington , [see page 6] is only one of many medical neglect suits that the Washington Department of Corrections (DOC) has settled. In fact, below is a comprehensive list of …
Article • March 15, 2002 • from PLN March, 2002
Washington DOC Virtually Uninsurable by In the May, 2001, issue of PLN we reported the soaring cost of negligent parole supervision cases against the Washington Department of Corrections (DOC) in the past year, totaling over $50 million in verdicts and settlements at that time .One result of that steady stream …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Civil Procedure, Appeals
Pro Se Appellants Must Cite Authority by The Court of Appeals for the Seventh Circuit held that pro se prisoner litigants must cite supporting authority when they appeal adverse judgments. The ruling is especially important for pro se litigants in states that have inadequate, or nonexistent, prison law libraries. Illinois …
Stun Gun, Four-Point Restraint Use Curtailed in Virginia Prisons by Because Connecticut's prisons were overfull, Lawrence Frazier was sent to Virginia to serve his time. He didn't go home alive. He died in a Richmond hospital of cardiac arrhythmia after prison guards repeatedly shocked him with an Ultron II stun …
Puerto Rico Prison Officials Fined $10 Million by A federal court in Puerto Rico held prison officials in contempt for failing to comply with court orders governing prison conditions and imposed a contempt sanction of $10 million. More than 20 years ago the court first dealt with prison overcrowding in …
Article • March 15, 2002 • from PLN March, 2002
Res Judicata Dismissal of Texas Prisoner's Suit Reversed by by Matthew T. Clarke A Texas court of appeals has reversed the district court's res judicata based dismissal of a Texas state prisoner's personal injury suit chastising the lower court for using an improper procedure. Steven W. Howell, a Texas state …
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