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DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Article • August 15, 2001 • from PLN August, 2001
Unjust Rape Conviction Nets New York Man $530,000 by In May, 2000, the New York Court Claims in White Plains awarded Victor Ortiz, 41, $530,658 in damages after he spent 12 years in prison for a rape he did not commit. In January 1984, Ortiz, then 25, was convicted of …
Article • August 15, 2001 • from PLN August, 2001
Washington Civil Commitment Injunction Upheld by The Court of Appeals for the Ninth Circuit has affirmed the District Court's denial of a motion to dissolve an injunction requiring the Special Commitment Center (SCC) in Washington to bring its sexual deviancy treatment program within constitutional requirements. In 1994, Richard Turay, a …
Article • August 15, 2001 • from PLN August, 2001
Arizona Supreme Court Rules on 1993 Earned Release Statute by Arizona Supreme Court Rules On 1993 Earned Release Statute The Arizona Supreme Court has held that 1993 amendments to statutes governing earned release credits for Arizona prisoners do not apply to persons convicted of felonies committed prior to the amendment's …
$80,000 Settlement in CDC Transsexual Suit by In August 2000, the State of California settled a claim from a transsexual former prisoner that her need for hormone therapy was ignored while incarcerated by agreeing to pay her $80,000. Torey Tuesday South, 40, began her trek through the California penal system …
Article • August 15, 2001 • from PLN August, 2001
Pre-Sentence Detention Earns Good Time Credits in Montana Prison by The Montana Supreme Court granted habeas corpus relief to William MacPheat, a Montana state prisoner, who sought goodtime credits for presentence jail time and an earlier release from prison based upon award of those credits. In 1995, MacPheat was charged …
Kansas Disciplinary Restitution Orders Authorized by The Kansas Court of Appeals affirmed a district court judgment, reducing the amount of restitution assessed against two prisoners for disciplinary rule violations, from $1,956.75 to $1,104.68 per prisoner. In doing so, the court concluded that the Department of Corrections has the authority to …
Dismissal of Washington Persistent Prison Misbehavior Charge Upheld by The Washington Supreme Court has affirmed the dismissal of a persistent prison misbehavior charge because the Department of Corrections (DOC) failed to properly promulgate its list of serious infractions, one of which formed the basis of the charge. In doing so, …
Kansas 2-Year Visiting Restriction Unauthorized by The Kansas Court of Appeals held that a 2 year suspension of a prisoner's visiting privileges was not authorized by the visiting rules. Derrick Davis, a prisoner at Lansing Correctional Facility received two disciplinary reports alleging that he engaged in lewd conduct with his …
Arizona Judgment Seizure Statute Upheld; Fees Protected by An Arizona appellate court has held that a state law allowing the Arizona Department Of Corrections (DOC) to seize 80% of all money won in prisoner lawsuits is valid under that State's constitution. Charles Holly, an Arizona prisoner, sued that State after …
Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Article • August 15, 2001 • from PLN August, 2001
New York District Court Reversed for Failure to State Legal Reasoning by New York District Court Reversed For Failure To State Legal Reasoning The Second Circuit Court Of Appeals reversed a district court's dismissal of a pro se prisoner civil rights action. The Second Circuit found that the District Court …
Article • August 15, 2001 • from PLN August, 2001
Washington ISRB May Rescind Parole after Final Discharge by Washington ISRB May Rescind Parole After Final Discharge In a closely divided opinion, a 5 Justice majority of the Washington Supreme Court held that the Indeterminate Sentence Review Board (ISRB) has jurisdiction and statutory authority to rescind an order of final …
Brutality Behind the Orange Curtain by Willie Wisely by W. Wisely The FBI began its second civil rights investigation of the Orange County, California, sheriff's department following the beating of a diabetic prisoner asking for food to lower his blood sugar. Michael Gennaco, head of the civil rights division of …
Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review by John E Dannenberg by John E. Dannenberg Holding that a private corporation acting under color of federal authority may be sued under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, …
Article • August 15, 2001 • from PLN August, 2001
Pelican Bay Policy Banning Internet-Generated Mail Upheld by The California Court of Appeal held that a policy adopted only at Pelican Bay State Prison (PBSP) preventing prisoners from receiving through the US Mail any material that had been downloaded from the Internet was facially valid and reasonably related to legitimate …
Preliminary Injunction Granted in TB Hold Case by A federal district court in New York granted a Rastafarian prisoner's motion for a preliminary injunction in an action challenging a prison policy compelling his placement into restrictive confinement for one year for refusal on religious grounds to submit to a tuberculosis …
$250,000 Award to Beaten Texas Prisoner Upheld by A $250,000 jury award to a beaten Texas prisoner and a courtordered award of $95,000 in attorney's fees were upheld on appeal to the Fifth Circuit who found that the amount of damages was reasonable and the trial court did not abuse …
Summary Judgment for Private Physician Reversed by The Ninth Circuit Court of Appeals reversed a district court's grant of summary judgment to a private physician under contract with the county, holding that contract services provided to the county constituted state action. The court also held that qualified immunity was categorically …
Article • July 15, 2001 • from PLN July, 2001
PLRA's Attorney Fee Cap Held Unconstitutional by John E Dannenberg by John E. Dannenberg A federal district court in Wisconsin held that the Prison Litigation Reform Act (PLRA) cap on recovery of attorney fees in successful prisoner civil rights complaints violated Fifth Amendment equal protection principles and determined that $80,000 …
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