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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 …
Article • May 15, 2000 • from PLN May, 2000
BOP Electric Musical Instrument Ban Upheld by DC Circuit by John E Dannenberg BOP Electric Musical Instrument Ban Upheld by DC Circuit by John E. Dannenberg The US Court of Appeals for the DC Circuit upheld the BOP ban on electric musical instruments in federal prisons, rejecting prisoner arguments that …
Wyoming Prisoners Win Summary Judgment for Increased Security by John E Dannenberg by John E. Dannenberg The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
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