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Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby A Tennessee Department of Corrections (TDOC) performance audit for the years 1997-2002, released by the state comptroller's office in September 2003, reveals problems with prison staffing, pre-release preparation, and numerous instances of contract violations by private prison contractors. A …
Overcrowding Forces Alabama Prisoners Into Private Prison Web by Gary Hunter Court orders have forced Alabama to reduce the number of prisoners in its county jails and send half of its prison population to two other states. Until recently the Alabama Department of Corrections (DOC) had crammed 28,000 prisoners into …
Arizona Prisoners Seize Tower; State Officials Point Fingers by Michael Rigby On February 1, 2004, the longest prison hostage drama in U.S. history ended peacefully as two Arizona prisoners released their final hostage, descended from their surveillance tower stronghold, and surrendered to an army of state and local police ringing …
Article • July 15, 2004 • from PLN July, 2004
Washington State Prison Continues To Pollute Local Environment Despite Repeated Citations by John E Dannenberg by John E. Dannenberg Toxic and hazardous waste from Walla Walla State Penitentiary (WSP) continues today to pollute City of Walla Walla air and public water resources, notwithstanding fourteen years of administrative litigation stemming from …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter by David M. Reutter "The Court is totally out of patience with the assurances and promises that compliance will be achieved" with the Final Settlement Agreement signed on January 24, 2000. So said Judge Shoeb, U.S. District Court …
Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg Missouri Guards Liable For Refusing Prisoner's Seatbelt Request by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals permitted a 42 U.S.C § 1983 complaint to proceed against five Missouri Department of Corrections (MDOC) transportation guards for …
$1.5 Million Illinois Prison Rape Verdict Overturned by In a 2-to-1 decision, the U.S. Court of Appeals for the Seventh Circuit overturned a jury's $1.5 million verdict in favor of a prisoner who was sexually assaulted by his cellmate. Anthony Riccardo and Juan Garcia were both housed in the segregation …
Article • June 15, 2004 • from PLN June, 2004
Pro Se Indiana Prisoner Awarded $100,000 in Failure to Protect Suit by On May 21, 2002, an Indiana federal district court held that state prisoner Robert Pierson was entitled to $100,000 in compensatory damages because prison officials failed to protect him from assault by another prisoner. Pierson, 51, arrived at …
Article • June 15, 2004 • from PLN June, 2004
California Pays $1.25 Million for Woman Crushed by State Prison Bus by A Ventura County, California jury awarded $1.25 million on August 6, 2002 for the wrongful death of an 88 year-old woman who was run over by a full sized state prison bus as it was turning right out …
Article • June 15, 2004 • from PLN June, 2004
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams The U.S. District Court for the Middle District of Alabama has brought to a halt prospective relief from unconstitutional conditions at an Alabama state women's prison because a previously entered preliminary injunction was allowed to expire …
Detainees Positive Response, FBI, 2004 | Detainees Positive Responses 1. W . SUMMARY CODED CATEGO ares OF JUSTIFICATION CATEGORIES INFORMATIONWITHHELI! S ' l f I INFORlV_1ATION_ Category Category."b! ! AGENCY PERSONNEL RULES AND PRACTICES b! !-1 Internal FBITelephone Numbers. ' Category h! ! CLEARLY UNWARRANTED PERSONAL i g INVASION OF …
DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional by Michael Rigby Conditions at the McPherson and Grimes Correctional Units in Newport, Arkansas are unconstitutional, the U.S. Department of Justice concluded after an 18-month investigation. According to the investigation report, dated November 25, 2003, investigators found that prisoners at both units experienced …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Article • May 15, 2004 • from PLN May, 2004
Washington Medical Claim Reinstated by The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices. WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for …
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Florida Work Release Prisoners Ripped Off by Private Transport Company by David Reutter Florida Work Release Prisoners Ripped Off by Private Transport Company by David M. Reutter In response to a new law, effective Oc-tober 1, 2003, that prohibited state prisoners from driving state vehicles, the Florida Department of Corrections …
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