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Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Washington Prison Health Care Substandard by Angela Galloway When Leland Workman's heart faltered while he was imprisoned at McNeil Island Correction Center, the nurses couldn't find the IV equipment needed to ease his chest and arm pain. They couldn't find standing orders for managing emergencies when there's no doctor on …
Ohio Prisons Make Almost $5 Million in Improper Food and Education Payments by Roger Hummel After receiving an anonymous tip about billing irregularities, the Ohio State Auditor conducted a special audit of the two state prisons: the Noble Correctional Institution (NCI) at Caldwell and the Belmont Correctional Institution (BCI) in …
Article • November 15, 2002 • from PLN November, 2002
Supreme Court Holds No Immunity for Alabama Hitching Post by David Reutter by David M. Reutter The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
Prison Guards Can Be Liable for Prisoner Suicide by The Seventh Circuit Court of Appeals has reversed and remanded the dismissal of a 42 U.S.C. §1983 suit against Wisconsin prison officials. In so ruling, the court held that prison guards can be held liable under Eighth Amendment "deliberate indifference" claims …
Article • November 15, 2002 • from PLN November, 2002
Escapes Plague Texas Jails by Gary Hunter A rash of escapes have plagued Texas jails over the past year. On January 28, 2002, four prisoners used a homemade knife to overpower two guards and force their way out of Montague County jail near the Texas/Oklahoma border. The four were eventually …
Settlement Agreement Reached in Wisconsin Supermax Suit by John E Dannenberg by John E. Dannenberg Wisconsin Department of Corrections (DOC) officials settled the 42 USC § 1983 class action civil rights suit brought by seriously mentally ill prisoners housed in the Boscobel, WI Supermax state prison by agreeing not to …
Ripole v. Stanley, NH, Bill in Equity, ADA Violations, 2002 THE STATE OF NEW HAMPSHIRE MERRIMACK COUNTY SUPERIOR COURT ___________________________________ : DONALD RIOPEL, : : Plaintiff : : v. : : PHILLIP STANLEY, in his : official capacity as Commissioner, : New Hampshire Department of Corrections : : JANE COPLAN, …
Article • October 15, 2002 • from PLN October, 2002
Ohio Nearly Closes 100 Year Old Asylum/Prison by Gary Hunter In April 2002, state budget cuts threatened to force the closure of Orient Correctional Institution near Columbus Ohio. Orient originally opened as a mental asylum in 1902 and was converted to a prison in 1984. The closing would have relocated …
Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
Texas Sex Slave Sues Prison System for Failure to Protect by For more than a year, Roderick Johnson was regularly and brutally raped and sexually abused while confined in a Texas state prison. In April 2002, Johnson filed a lawsuit under 42 U.S.C. §1983 where he complained that prison officials …
Article • October 15, 2002 • from PLN October, 2002
Honolulu Police Officers Indicted in Jail Food Scandal by From January 1995 to September 2000, while prisoners at the Honolulu Police Department were eating peanut butter and jelly sandwiches and prepackaged, reheatable meals, their captors were eating top sirloin and rib eye steaks at taxpayers' expense. Assistant Police Chief Rafael …
Boot Camp or Boot Hill? Troubled Teens Suffer From Too Much Tough Love by Roger Hummel Boot Camp Or Boot Hill? Troubled Teens Suffer From Too Much Tough Love by Roger Hummel On February 15, 2002, Charles Long II was arrested on murder and child abuse charges growing from the …
Audit Shows Folsom Prison Mismanaged by Gary Hunter In December 2001, the state inspector general concluded an excoriating audit of a city-run prison in Folsom, California. The audit was the result of a six-month investigation that met a great deal of resistance from Folsom officials. It "revealed deteriorating buildings, broken …
Article • September 15, 2002 • from PLN September, 2002
California Prisoners Remanded to Jail for Resentencing Do Not Accrue Jail Behavior Credits by California Prisoners Remanded To Jail For Resentencing Do Not Accrue Jail Behavior Credits For the narrow question of which behavior credits apply to a state prisoner remanded to county jail solely for resentencing, the California Supreme …
Article • September 15, 2002 • from PLN September, 2002
BOP Prisoner Awarded $900 in Van Accident by A federal district court in Illinois held that Chong Won Tai, a federal prisoner, was injured due to negligence by the Bureau of Prisons (BOP) and awarded Tai $900 in damages. Tai was injured while being transported from one prison to another …
7-up To Pull TV Ad Under Pressure from Human Rights Groups by Under pressure from Stop Prisoner Rape, a nonprofit human rights organization, and nearly 100 other human rights, HIV/AIDS, prisoner rights, and sexual violence organizations, Dr. Pepper/Seven Up, Inc. has decided to stop airing a national television commercial that …
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
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