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Brief • February 5, 2001
Jama v. Esmor Correctional Services, NJ, Deposition Slattery, Immigration Beating, 2001 1211 1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTICT COURT FOR THE DISTRICT OF NEW JERSEY - - - - - - - - - - - - - - - …
Brief • January 29, 2001
Witherspoon v. Pierce County, WA, Claim, Jail Guard Rape, 2001 ~ ~ r" ,f. . HI:\.;I:I VI:U CLAIM FOR DAMAGE L- J.AN 292001 PIERCE COUNTY RISK MANAGEMENT DEPARTMENT 955 Tacoma Avenue sOUlh. Suite 303 ,, , T 8CO!Tll, Washington 98402 . PIERCE 'COUNTY RISK MANAGEMENT (253) 79&-7462 c/o attorney Home: …
Brief • January 25, 2001
Iverson v. Snohomish County, WA, Complaint, Wages Owed, 2001 - --------------------------------------. . -" , I 2 SUPERIOR COURT OF WASHINGTON COUNTY OF SNOHOMISH 3 4 TERRY IVERSON, Plaintiff, 5 y, 6 7 SNOHOMISH COUNTY and SNOHOMISH COUNTY DEPARTMENT OF CORRECTIONS, COMPLAINT FOR DAMAGES AND WAGES OWED Defendants. 8 9 COMES …
Brief • January 23, 2001
Davenport v. Seling, WA, Settlement, Civil Commitment Confinement Conditions, 2001 Page,Z of q #1089211 ~oC)~l.t?- ~,;..o m~SS'ZILLY .' 1.1'7 1 2 , 3 ,4 ~~I~DGED:tr-::~_= 5 JAN 1'7 2001 e 7 ~ FILED J:1L,MERED . LODGED _RECQV£D ' JAN 222001 ' . A'f &11ATTt.l .cLERK u.s. DISTRICT COURT WES1EllN DISTRICT …
Brief • January 19, 2001
Myers v. Snohomish County, WA, Special Verdict Form, Medical Malpractice, 2001 • " .. • ~--r flied intPen Co• . l'1 20iir' . PAM L. DANIELS COUNlY CLERK • ~9Q"'fu.U_ DePuty CI.rk IN THE SUPERlOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SNOHOMISH FRED C. …
Article • January 15, 2001 • from PLN January, 2001
MO Consent Decree Modification Affirmed by The court of appeals for the Eighth circuit held that a district court correctly granted prison officials' motion to modify a consent decree to allow for prison overcrowding. The ruling is novel in this post Prison Litigation Reform Act (PLRA) era when prison officials …
Article • January 15, 2001 • from PLN January, 2001
Filed under: News, News in Brief
News in Brief by Brazil: On October 22, 2000, 420 prisoners at the Nelson Hungria prison in Contagem rioted and seized control of the prison to protest overcrowding and bad conditions: The prisoners took two policemen and 16 prison guards hostage. CA: In July, 2000, Wackenhut Corrections Corp. announced it …
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
Certificate of Review Mandatory in Colorado Negligence Suits by Bob Williams The Colorado Supreme court has held that prisoners must file a "certificate of review" under Colorado law when suing a licensed professional (LP) for negligence, whether or not the LP is a named party, but that a failure to …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
Article • January 15, 2001 • from PLN January, 2001
High Standard of Proof for Retaliation Claims by On remand, a federal district court in New York held that a state prisoner failed to establish "actual injury" in his access to court claims, nor did he show that prison officials acted with a retaliatory animus. Once again, summary judgment was …
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Article • January 15, 2001 • from PLN January, 2001
NY Prisoners Have Liberty Interest in Work Release by Ronald Young NY Prisoners Have Liberty Interest In Work Release by Ronald Young A federal district court for the Eastern District of New York held that the failure of the state to provide a prisoner with 24 hour's notice of a …
Article • January 15, 2001 • from PLN January, 2001
Cursory Medical Treatment Cruel and Unusual by The U.S. court of appeals for the Eleventh Circuit held that a failure to diagnose a prisoner's colon cancer may have been extremely negligent, but it did not rise to the level of deliberate indifference. However, a factual dispute precluded summary judgment on …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Qualified Immunity Denied in CO Rape Case; Suit Settled for $70,000 by In an unpublished ruling, the Tenth Circuit has denied qualified immunity to prison officials who failed to protect a prisoner from being raped by another prisoner. Marvin Gray, a "large and powerful individual with a violent past," was …
Article • January 15, 2001 • from PLN January, 2001
From the Editor by Paul Wright Paul Wright January 15, 2001, marks the end of PLN's matching grant fundraiser. PLN still hasn't reached the full $15,000 grant maximum. If you haven't donated yet to the matching grant fundraiser please do so now. We will report the fundraiser's results in the …
Article • January 15, 2001 • from PLN January, 2001
Alabama Ad Seg Publication Ban Struck Down by On March 20, 2000, a Federal Magistrate recommended declaratory relief striking down a ban on subscription publications in the Alabama Department of Corrections' (DOC) Administrative Segregation (Ad Seg) unit. This recommendation follows a previous ruling where the Court held, after a bench …
Article • January 15, 2001 • from PLN January, 2001
Eleventh Amendment Immunity for Illinois Sheriff Denied by Denial of a county Sheriff's motion for dismissal of an arrestee's civil rights suit was affirmed when the Seventh Circuit upheld a district court's ruling that an Illinois Sheriff is a county officer and Eleventh Amendment immunity did not apply. Mario DeGenova …
Article • January 15, 2001 • from PLN January, 2001
AZ Medical Copayment Not Retroactive by James Quigley A federal district court in Arizona held that Ariz. Rev. Stat. (ARS) § 31201.01, which includes a socalled medical copayment provision, cannot be applied to state prisoners who are incarcerated for offenses committed prior tothe statute's effective date. In an unpublished ruling …
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