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Article • December 15, 2001 • from PLN December, 2001
Habeas Hints: AEDPA Update 2001 by Kent Russell This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Civil Procedure, Appeals
Failure to Sign Notice of Appeal Not Jurisdictional by In a unanimous decision, the United States Supreme Court held that although the Federal Rules of Appellate Procedure (FRAP) require that a notice of appeal be signed, the failure to sign a timely notice did not require the Court of Appeals …
Article • December 15, 2001 • from PLN December, 2001
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit …
Article • December 15, 2001 • from PLN December, 2001
Administrative Remedies Need Not Identify Wrongdoers by The Court of Appeals for the Eleventh Circuit has held that prisoners do not need to identify those persons directly involved in the alleged deprivations in their administrative remedies to satisfy the exhaustion requirement of 42 U.S.C. § 1997(e)a. Prisoner Raymond Brown filed …
Article • December 15, 2001 • from PLN December, 2001
Prison Guard Sentenced in Escape Plot by Willie Wisely Erik Jacobs, 31, a former guard at Ely State Prison in Nevada was sentenced to one year in jail and fined $2,000 for helping a prisoner plan an escape. Jacobs was sentenced in March, 2001, by White Pine District Judge Dan …
Article • November 15, 2001 • from PLN November, 2001
Washington DOC Pays $24,697 in PLN Records Suit by The cover story in this issue of PLN , "Washington's Island of Deviant Doctors," is the result of a lengthy investigation into the provision of medical care to prisoners and civil commitment "residents" at the McNeil Island Corrections Center (MICC) in …
Article • November 15, 2001 • from PLN November, 2001
Ex-Prisoner Awarded $2.7 Million on Remand in Medical Neglect Suit by On April 20, 2001, a Denver jury awarded former Colorado prisoner Arthur Nieto, 44, damages totalling $2.7 million in a medical neglect suit against Colorado prison officials and medical staff. In 1991, while imprisoned at the Delta County Correctional …
Article • November 15, 2001 • from PLN November, 2001
Junking the Jurors by Mumia Abu-Jamal by Mumia Abu Jamal "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed&" U.S. Constitution, 6 th Amendment It has been …
Article • November 15, 2001 • from PLN November, 2001
Alaska Supreme Court Reverses Former Prisoner's $2.4 Million Jury Award by The Supreme Court of Alaska reversed a jury verdict and a $2.4 million damage award in favor of a former prisoner who was injured when he fell down a stairway. In February 1994, Carry Johnson was returning to his …
Virginia Settles Juvenile Death Suit for $1.2 Million by In early April 2001, the Virginia Attorney General's office announced it had agreed to settle a wrongful death suit for $1.2 million. In the December 1999 issue of PLN we reported the death of Wallace Dandridge, 16, a developmentally disabled child …
Hawaii Prison Doctors Denied Qualified Immunity by AU.S. district court found that Hawaii state prison physicians were deliberately indifferent to a prisoner's medical needs and were not entitled to qualified immunity. Raymond Kenney filed suit in state court alleging denial of medication to control his seizures while he was a …
South Dakota Prison Conditions Class Action Settled by The federal district court in South Dakota has dissolved a state prison conditions consent decree and approved a class action settlement, ending two decades of litigation. State prisoners filed a §1983 suit challenging prison conditions, certified as a class action in 1982. …
Article • November 15, 2001 • from PLN November, 2001
Environmental Challenge Bars Construction of California Prison by Rose Braz by Rose Braz, Esq. A Kern County, California, supperior court judge has barred the state from proceeding with plans to build a $335 million, 5,160 bed maximum-security prison slated for Delano. The groundbreaking ruling came in an environmental lawsuit filed …
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 …
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