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Article • October 15, 2001 • from PLN October, 2001
Sixth Circuit Upholds PLRA Attorneys' Fees Cap by The Sixth Circuit Court of Appeals has ruled that the cap on attorneys' fees imposed by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d)(3), does not violate the equal protection provision of the Fifth Amendment to the U.S. Constitution. This …
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 …
Brief • October 10, 2001
Jonesel v. Berge, WI, Order Injunction, Mental Health Supermax, 2001 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------DENNIS E. JONES `EL, MICHAEL JOHNSON, DE'ONDRE CONQUEST, LUIS NIEVES, SCOTT SEAL, ALEX FIGUEROA, ROBERT SALLIE, CHAD GOETSCH, EDWARD PISCITELLO, QUINTIN L'MINGGIO, LORENZO BALLI, DONALD BROWN, CHRISTOPHER SCARVER, …
Brief • October 2, 2001
Osterback v. Moore, FL, Settlement, Rule 68 Control Unit Conditions, 2003 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 97-2806-CIV-HUCK MAGISTRATE JUDGE BROWN MARK OSTERBACK, et al., Plaintiffs, v. MICHAEL W. MOORE, et al., Defendants. / DEFENDANTS’ REVISED OFFER OF JUDGMENT Defendants, MICHAEL W. MOORE, et …
Maynor v. Morgan County, AL, Consent Decree, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 45 Filed 09/25/01 Page 1 of 18 F·- 11'··~ L::. ·-.. r·) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA 01SEP25 PM 3: 32 NORTHEASTERN DMSION U.S. DiS: r.;~: N.O. OF AL …
Alabama Ends Chain Gang Experiment by A federal district court in Alabama has approved a settlement between Alabama state prisoners and the prison system, effectively ending Alabama's flirtation with chain gangs. The court also held that the practice of chaining prisoners to a "hitching post" is unconstitutional, cruel and unusual …
Article • September 15, 2001 • from PLN September, 2001
Virginia Rent-a-Cell Program Expected to Net $100 Million by Virginia Rent-A-Cell Program Expected to Net $100 Million The state of Virginia will pocket an estimated $100 million in 2001 by warehousing out-of-state and federal prisoners for a fee. About 10% of the Virginia jail and prison population is out-of-state or …
Article • September 15, 2001 • from PLN September, 2001
Six Month Denial of Exercise Presents Section 1983 Claim by An Illinois federal district court ruled that a prisoner's claim that he was denied out-of-cell exercise during a six month prison lockdown "present[ed] a cognizable claim despite the penological justification proffered by the defendants." The Court also ruled that Defendants …
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
Dismissal of Prisoner's Suit for Missing Evidentiary Deadline Reversed by The Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's pro se civil rights suit for missing a single pre-trial deadline. Bobby Ray Long, an Indiana state prisoner, filed a civil rights suit in federal …
Environmental Concerns Halt Construction of Pennsylvania Prison by Ronald Young Environmental Concerns Halt Construction Of Pennsylvania Prison The wretched and overcrowded conditions at Washington, D.C.'s Lorton Correctional Complex have resulted in Congress giving the federal Bureau of Prisons (BOP) responsibility for housing all D.C. prisoners. Lorton, located in Fairfax, VA, …
Summary Judgment Denied on BOP Excessive Force Claims by The Federal District Court in Kansas has denied summary judgment on a prisoner's claims of excessive force. The Court also held guards were not entitled to qualified immunity on these claims. In 1997, Felmon Laury was placed in the Special Housing …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
Private Prison Woes in Ohio by Gary Hunter Less than two years after it opened, the second privately operated prison in the state of Ohio is already in trouble. CiviGenics, a private prison company out of Massachusetts, has succumbed to pressure applied by the state employees union. On January 10, …
Brief • September 6, 2001
Filed under: Jail Specific
Bassil v. District of Columbia, DC, Judgment, Class Action, Bacteria Outbreak, 2001 ~ ..... ,. , .~ " I . . I ... UNITED s:.r-ATES DISI-RleT.COURT- -. FILEr . .--. SEP (; ··if.·OO·l FOR THEDISTRICTOFCOLUMBIA -tJANCYMAYER WHITTINGTON CI U.S. V1STRICT COURT' ROBERT BASSIL, et al., Plaintiffs v. Civil Action No. …
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
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 …
Michigan DOC Sex Abuse Suit Nets Nearly $4 Million by Roger Smith On February 7, 2000, Michigan DOC officials agreed to settle a lawsuit with 32 women prisoners for $3,787,000 in damages, costs, and attorney fees. The women sued in a Michigan federal district court after being sexually abused by …
Article • August 15, 2001 • from PLN August, 2001
Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees by Michigan Prison Visitor Forced To Wet Pants Wins $40,000 in Damages and Fees On February 12, 2001, James Glaspy was awarded $10,000 in damages at a bench trial in a Michigan federal district court. He sued …
Trial Required in Pennsylvania Failure to Protect Suit by A federal district court in Pennsylvania held that summary judgment was precluded on a state prisoner's failuretoprotect claim. The court also held that prison officials were not entitled to qualified immunity. State prisoner Richard Pearson was stabbed six times by several …
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