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Millender v. US, IL, Complaint, Negligent Property Loss Stolen, 2000
Brief • March 27, 2000
Filed under: Money/Property
Millender v. US, IL, Complaint, Negligent Property Loss Stolen, 2000
Morrison v. District of Columbia, DC, Release, Prisoner Stabbing, 2000
Brief • March 24, 2000
Morrison v. District of Columbia, DC, Release, Prisoner Stabbing, 2000 • -. t JUN RELEASE 20tiu KNOW ALL MEN BY THESE PRESENTS, That I, Helbert J. Morrison, SSN: 111111111111 DOB: 01-10-64, residing at Maximum Security Facility, for consideration of the sum of Six Thousand Five Hundred Dollars ($6,500.00), lawful money …
Prison Legal News v. Haley, AL, Stipulation, Censorship, 2000
Brief • March 21, 2000
Filed under: Censorship
Prison Legal News v. Haley, AL, Stipulation, Censorship, 2000 IN 11IE UNITED 5.-a.~18 COURT FOR THE MIDDLE DISTRICT OF ALA BAMA 6IMSf!r lIlIl~ PRISON I.EGAL NEWS, INC., and AYEN H . COTION , MAR 21 P b= 3b ) C~BR'" t'. :iA~ !\!:TT. HWDl[ OlS I Plaintiffs, CUI U.S. OISTIl …
Almodovar v. Snyder, IL, Complaint, Ad Seg Hearings Gang Renunciation, 2000
Brief • March 21, 2000
Filed under: Gang Policies, Prison Gangs, Ad-Seg Hearings
Almodovar v. Snyder, IL, Complaint, Ad Seg Hearings Gang Renunciation, 2000 IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS JOHNNY ALMODOVAR, HERNANDEZ BAILEY-EL, PABLO BARRARA, ISIAH BELL, ARYULES BIVENS, NED BROOKS, CORNELIUS BURNS, ROOSEVELT BURRELL, GARY CLARK, SHAWN COATES, MAURICE COLEMAN, KENNARD COMBS, RICHARD FLOOD, LARRY …
Jackson v. DC, Opinion for Defendants, Religious Practice, 2000
Brief • March 21, 2000
Filed under: Religious Discrimination, Religious Grooming, First Amendment, rights
Jackson v. DC, Opinion for Defendants, Religious Practice, 2000 89 F.Supp.2d 48 (2000) Louis JACKSON, Isadore Gartrell, Carl Wolfe & Roddy McDowell, Plaintiffs, v. DISTRICT OF COLUMBIA, Odie Washington, & The Federal Bureau of Prisons, Defendants. No. Civ.A. 99-03276 (HHK). United States District Court, District of Columbia. March 21, 2000. …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies
Article • March 15, 2000 • from PLN March, 2000
Filed under: Out of State Transfers, Corrections Corporation of America/CoreCivic, HIV/AIDS, Systemic Medical Neglect, Medical Records, Escapes, Failure to Protect (General), Eighth Amendment, Attorney Fee Awards, Injunctions (PLRA), Guard Brutality/Beatings, Civil Procedure, Damages, Settlements, Defenses, State Law Claims, Standing, Parties, Qualified Immunity, Contractor Liability, Failure to Protect (Wrongful Death)
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
$1.5 Million Settlement in CA Jail Suicide Attempt
Article • March 15, 2000 • from PLN March, 2000
Filed under: Settlements, Municipal Liability, Mental Health, Failure to Treat (Mental Illness), Suicides
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
From the Editor
Article • March 15, 2000 • from PLN March, 2000
Filed under: Commentary/Reviews, Editorials
From the Editor by Paul Wright Thanks to the response our fundraiser has achieved, PLN was recently able to hire a second staff person, Linda, to help with our essential office tasks. Right now the main thing she has been doing is helping Fred, our office manager, get caught up …
Pro Se Tips and Tactics
Article • March 15, 2000 • from PLN March, 2000
Filed under: Civil Procedure, Appeals
Pro Se Tips and Tactics by John Midgley In my last column, I discussed when you can appeal from a trial court ruling against you and how to appeal if you decide to. I left for this second column on appeals the large question: Should I appeal? In other words, …
Hearing Required Prior to Automatic Termination Under PLRA
Article • March 15, 2000 • from PLN March, 2000
Filed under: Conditions of Confinement, Totality of Conditions, Overcrowding, Consent Decrees (PLRA), Injunctions (PLRA)
Hearing Required Prior to Automatic Termination Under PLRA by The Eleventh Circuit has held that a federal district court must hold a hearing on the current conditions at the prison and the scope of the prospective relief to be terminated before terminating prospective relief in a prison conditions lawsuit under …
Guarding Their Silence: Corcoran Guards Acquitted of Rape
Article • March 15, 2000 • from PLN March, 2000
Filed under: Prisoner-Prisoner Assault, Guard Misconduct, Prosecutor/Attorney General Misconduct, Crime/Demographics, Criminal Prosecution, Failure to Protect (General), Guard Unions
Guarding Their Silence: Corcoran Guards Acquitted of Rape by Christian Parenti The acquittal in November, 1999, of four California prison Guards charged with arranging for a young prisoner to be raped by Corcoran State Prison's notorious "Booty Bandit" was the result of a massive legal and political show of force …
Megan's Law Fallout
Article • March 15, 2000 • from PLN March, 2000
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), Searches, Computer Searches, Disclosure of Records
Megan's Law Fallout by Willie Wisely by W. Wisely The 1996 Megan's Law, an amendment to the 1994 Wetterling Act, requires public notice when convicted sex offenders move into a community. Some 14 states provide that public notice by posting photographs, addresses, and conviction records of sex offenders on Web …
Michigan Legislature Kills Class Action Suit by Female Prisoners
Article • March 15, 2000 • from PLN March, 2000
Filed under: Staff-Prisoner Assault, Sexual Harassment, Staff-Prisoner Harassment, Gender Discrimination -- Women, OB/GYN, Staffing, State Law Claims, State Legislation
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
No Liberty Interest in Erroneous Parole Release
Article • March 15, 2000 • from PLN March, 2000
Filed under: Liberty Interests, Sentencing, Parole, Wrongful Release
No Liberty Interest in Erroneous Parole Release by Paul Wright The Court of Appeals for the Fourth Circuit, sitting en banc, held that a North Carolina prisoner had no liberty interest in remaining free when he was erroneously paroled, lived a law abiding life, and was then reimprisoned two years …
PLRA Attorney Fees Cap Violates Equal Protection Clause
Article • March 15, 2000 • from PLN March, 2000
Filed under: Retaliation for Litigating, Retaliation for Filing Grievances, PLRA, Attorney Fees (PLRA), Damages
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
Third Circuit Evenly Split on PLRA Attorney Fee Cap
Article • March 15, 2000 • from PLN March, 2000
Filed under: Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings, Dogs, Damages
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
CCA Facility Cited for Sex Scandal
Article • March 15, 2000 • from PLN March, 2000
Filed under: Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, Guard Misconduct, Lockdowns, Excessive Force, Guard Brutality/Beatings
CCA Facility Cited for Sex Scandal by On Sept. 17, 1999, Colorado Dept. of Corrections officials confirmed that they are investigating allegations of brutality, sexual misconduct and drug trafficking involving guards at the CCA-operated Kit Carson Corr. Facility in Burlington, which houses around 650 state prisoners. The investigation began in …
Brazoria Trial Brings Acquittals, Convictions in Jail Beatings
Article • March 15, 2000 • from PLN March, 2000
Filed under: Out of State Transfers, Private Prisons, Bobby Ross Group, Guard Misconduct, Criminal Prosecution, Guard Brutality/Beatings
Brazoria Trial Brings Acquittals, Convictions in Jail Beatings by In October, 1999, a federal jury returned acquittals and a minor conviction against private prison guards charged with beating and abusing Missouri prisoners. As previously reported in PLN, some 100 Missouri prisoners were sent to the Brazoria county jail in Texas …
ADA and RA May Require Sign Language Interpreters
Article • March 15, 2000 • from PLN March, 2000
Filed under: Discrimination, Deaf Prisoners, Americans with Disabilities Act, Rehabilitation Act, Interpreters, Eleventh Amendment Immunity
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction
Article • March 15, 2000 • from PLN March, 2000
Filed under: Out of State Transfers, Private Prisons, Bobby Ross Group, Guard Brutality/Beatings, Standing, Venue, Municipal Liability, Contractor Liability
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
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