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Colombian Rebels Attack Prisons, 140 Prisoners Flee by Prison escapes are common in Colombia. Prisoners often buy the help of guards and administrators and are often able to outgun their jailers. In the case that follows they had concerted help from the outside. It is not the first time that …
California Racial Segregation Case Reversed; Phone Claim Dismissed by Holding that the action was not time-barred and otherwise stated an actionable claim, the Court of Appeals for the Ninth Circuit has reversed a lower court’s dismissal of a prisoner’s pro se action which claimed that California state prisons practiced racial …
Article • November 15, 2001 • from PLN November, 2001
Cell Search, Property Seizure Suit Set for Trial by Cell Search, Property Seizure Suit Set For Trial A federal district court in Delaware held that summary judgment was not appropriate to decide if a prisoner's cell had been illegally searched and his papers improperly seized. Michael Jordan, a Delaware prisoner, …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Not Part of my Sentence: The Rape of Washington Prisoners by Silja JA Talvi Gig Harbor, Wash.: Annette Guzman-White, a 32-year-old minimum-security prisoner incarcerated on a second-degree burglary charge at the Washington Correction Center for Women (WCCW), is eager to get out of prison. It's something that could probably be …
The Cost of Running Washington's Rape Camps by Paul Wright As the accompanying article, Not Part of My Sentence , makes clear, the sexual abuse of female prisoners by male prison employees is an endemic problem. As past issues of PLN show, this problem is not confined to any single …
Article • October 15, 2001 • from PLN October, 2001
Malicious Use of Force Violates Eighth Amendment by John E Dannenberg The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
PLN Wins Nevada Censorship Suit by Beginning in January 2000, the Nevada Division of Prisons (DOP) began censoring Prison Legal News in all of its prisons, affecting 21 Nevada prisoners who subscribed to PLN .Prison Legal News was never afforded any notice of the censorship nor given an opportunity to …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Article • October 15, 2001 • from PLN October, 2001
Administrative Exhaustion Not Jurisdictional by John E Dannenberg The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Civil Procedure, Appeals
Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b) by The Tenth Circuit Court of Appeals has ruled that Federal Rule of Appellate Procedure (FRAP) 4(a)(6) trumps Federal Rule of Civil Procedure (FRCP) 60(b). Ernest Clark, a federal prisoner, filed suit in the U.S. District Court of Colorado. Before his case …
$350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated by John E Dannenberg AU.S. district court jury in Washington, D.C., awarded female D.C. Jail prisoner Sunday Daskalea $350,000 in compensatory damages and $5 million in punitive damages against the District and the Department of Corrections Director, Margaret Moore, for Daskalea's …
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
PAMII Act Requires Release of Mental Health Records by A federal district court in Louisiana has held that federal law requires prison officials to release a prisoner's mental health records for investigation of claims of mistreatment. Prisoner William Ford sent a letter to the Advocacy Center complaining that he has …
Maryland Court Ruling on Tobacco Smoke Prompts Settlement by A Maryland federal district court's ruling denying summary judgment in an "environmental tobacco smoke" (ETS) case has prompted the Maryland Department of Public Safety and Correctional Services (DOPSACS) to ban tobacco, matches, and lighters at all Maryland state prisons, effective June, …
Article • September 15, 2001 • from PLN September, 2001
Ninth Circuit Reverses Time-Barred Habeas Petition by The Ninth Circuit Court of Appeals, sitting en banc , reversed a district court's dismissal of a federal habeas petition as time barred, and remanded the case to the district court to develop the record regarding whether the prisoner was entitled to a …
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