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Article • May 15, 2000 • from PLN May, 2000
Investigators Probe Ohio Paroles-For-Sale Scam by After receiving a tip from an unidentified informant in June of 1997, Ohio prison officials uncovered evidence of a parole-for-pay scam. While screening prisoner mail, officials read a letter from Grafton Correctional Institution prisoner Bubba Shumate addressed to Lynn Moore, a former Grafton prisoner …
Article • May 15, 2000 • from PLN May, 2000
Qualified Immunity Denied in BOP Transsexual Strip Search by Bob Williams The Tenth Circuit Court of Appeals has denied qualified immunity to federal prison officials for a transsexual strip search conducted in front of numerous spectators. Dee Farmer, a prisoner in the Federal Bureau of Prisons (BOP) at FCI Englewood, …
Article • May 15, 2000 • from PLN May, 2000
PLRA Applies to Prospective Relief; Fees Are Not Prospective Relief by A federal court in Florida held that a provision of the Prison Litigation reform Act (PLRA) automatically staying enforcement of prospective relief under consent decrees applies only to prospective relief engendered within the consent decree, and not to the …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
Article • May 15, 2000 • from PLN May, 2000
No Appeal Bond Required for Indigent Colorado Litigants by No Appeal Bond Required for Indigent Colorado Litigants The Colorado Supreme Court has held that a state district court may not condition an indigent prisoner's appeal on the posting of an appeal bond. Thomas E. Rodden, a Colorado prisoner in the …
Article • May 15, 2000 • from PLN May, 2000
Loss of Good Time for Kansas SATP Refusal Upheld by Bob Williams Loss Of Good Time For Kansas SATP Refusal Upheld by Bob Williams The Tenth Circuit Court of Appeals has held that even when loss of good time credits are the consequences of refusal to comply with the core …
Article • May 15, 2000 • from PLN May, 2000
South Dakota Attorney Fee Award of $106,877 Upheld Under PLRA by The U.S. Court of Appeals for the 8th Circuit has upheld an award of $106,877.74 in attorney fees for work done to enforce a consent decree issued by the U.S. District Court for the District of South Dakota. The …
Article • May 15, 2000 • from PLN May, 2000
Court Modifies Education Plan for Rikers Island Youth by David Reutter by David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported …
Article • May 15, 2000 • from PLN May, 2000
BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse by A U.S. District Court in Oregon found a federal prisoner was eligible for participation in a drug treatment program and a one-year sentence reduction upon successful completion of that program. Martin Kuna, a prisoner at the Federal Correctional …
Article • May 15, 2000 • from PLN May, 2000
Oregon Contraband Conviction Reversed by The Oregon Court of Appeals reversed a prisoner's conviction for supplying contraband, finding that there was insufficient evidence to sustain the conviction. Jose Hernandez, a prisoner at the Umatilla County jail, was found in possession of a powdery substance which was later determined to be …
Article • May 15, 2000 • from PLN May, 2000
Filed under: News, News in Brief
News in Brief by Afghanistan: On October 10, 2003, 41 prisoners tunneled out of the Khandahar jail through a 30 foot tunnel. Some, but not all, the prisoners were members of the Taliban. Taliban commander Mullah Sabir told media that the group, which is fighting the American occupation of the …
Article • May 15, 2000 • from PLN May, 2000
New Jersey Sex Offender Treatment Statute Creates Liberty Interest by The Third Circuit Court of Appeals reversed a district court's FRCP 12(c) dismissal of a prisoner's action stemming from a failure to provide sex offender treatment. The court held that the unique statutory scheme at issue created a liberty interest …
Article • May 15, 2000 • from PLN May, 2000
Magistrate Judge Recuses Self in BOP Medical Treatment Case by Magistrate Judge Recuses Self in BOP Medical Treatment Case A Magistrate Judge for the District of Columbia has recused himself on the federal government's motion from a case involving the Bureau of Prisons (BOP) and its medical care of a …
Grievances Exhausted When Prison Officials Fail to Respond by The Seventh Circuit Court of Appeals held that when prison officials fail to respond to administrative remedies, those remedies are rendered "unavailable" and deemed exhausted under the Prison Litigation Reform Act (PLRA). The court also held that prison officials were not …
Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies by Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's suit. The court ruled that there was a substantial, disputed question …
Summary Judgment Reversed on Fact Issues of Guards' Failure to Protect Prisoner by Bob Williams The Seventh Circuit court of appeals has reversed summary judgment where issues of material fact remain concerning guards' deliberate indifference to a prisoner's safety in a failure to protect case. Bryan Case, an Illinois state …
Jury Awards $700,000 to Chicago Jail Worker for Sexual Harassment by On July 2, 2003, a federal jury in Chicago, Illinois, awarded $700,000 in damages to a female employee of the Chicago jail in Illinois who was sexually harassed and assaulted by a male co-worker. Kathleen Kessel, 35, and Beverly …
Article • May 15, 2000 • from PLN May, 2000
California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard by John E Dannenberg California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California life prisoner's rescission of his …
Article • May 15, 2000 • from PLN May, 2000
Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E Dannenberg Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E. Dannenberg The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established …
Article • May 15, 2000 • from PLN May, 2000
New York Prisoner's Assault Claim Headed for Trial by New York's Court of Appeals, its highest court, has held prisoner Francisco Sanchez's state tort lawsuit alleging negligent supervision against the state of New York raises an issue of whether an assault on Sanchez was foreseeable. The Court of Claims granted …
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