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Article • July 15, 2001 • from PLN July, 2001
Kentucky Judge Orders Hepatitis C Treatment by A federal court in Kentucky has ordered the Kentucky Department of Corrections (KDOC) to provide hepatitis C treatment to a prisoner suffering from both hepatitis C and cirrhosis of the liver. In response, the KDOC has implemented a treatment plan whereby up to …
Article • July 15, 2001 • from PLN July, 2001
Florida Religious Name Change Upheld by The Eleventh Circuit Court of Appeals upheld a federal district court order requiring the Florida Department of Corrections (FDOC) to allow Muslim prisoners to use their religious name to obtain prison services. While incarcerated, Florida death row prisoner Kenneth D. Quince converted to Islam …
Article • July 15, 2001 • from PLN July, 2001
Non-Physical Damage Claims Barred Until Released by The Court of Appeals for the Eleventh Circuit has held that a lawsuit which seeks damages for emotional and mental claims filed by a prisoner while confined are barred, but the same claim can be pursued if filed after release. Eleven Georgia prisoners …
New York AG Turns on Client by A Court of Claims judge denounced a highranking lawyer in the Attorney General's office after she threatened and attempted to intimidate a claimant's expert witness_who happened to be the former New York State Commissioner of Correctional Services. Former Commissioner Thomas A. Coughlin III …
Article • July 15, 2001 • from PLN July, 2001
Private Jail Settlement Not a Consent Decree under PLRA by John E Dannenberg by John E. Dannenberg The United States District Court, Eastern District of CA, held that a "private settlement" agreement to cap the El Dorado (California) County jail population was not a "consent decree" as defined in the …
$235,000 Awarded to CCA Prisoner in Medical Suit by On March 23, 2001, a federal jury in Memphis, Tennessee, awarded Tennessee state prisoner Charles Degan $235,000 in damages in a medical neglect suit against Corrections Corporation of America (CCA), the world's largest private, for profit, prison company. In 1998 Degan's …
Article • July 15, 2001 • from PLN July, 2001
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Work, Workplace Injury, Damages
New York Prisoner Wins $7,200 in Negligence Suit by New York Prisoner Wins $7,200 In Negligence Suit On January 31, 2000, the Court of Claims in Binghamton, New York awarded $7,200 in damages to Kenneth Edmonds, who was injured in an accident while he was working on a prison work …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Thirty Days to Sue Following Resolution of Grievance by An appeals court in Texas has held that Texas prisoners have only 30 days to file a lawsuit after resolution of their administrative grievance. Failure to do so results in dismissal of the suit. Richard James Randle, a …
Leave to Amend Complaint Wrongly Denied by In a brief ruling, the court of appeals for the Eighth circuit held that a district court erred in dismissing a prisoner's lawsuit without giving him leave to add a retaliation claim to the complaint. Jeffrey Williams, an Iowa state prisoner, was transferred …
$3 Million Award Not Excessive in Prisoner Beating Death by The US Court of Appeals for the Sixth Circuit upheld a $778,000 verdict and $2.2 million punitive damage award against Shelby County, Tenn. deputy sheriff Rhett Shearin and life prisoner Jerry Ellis in a county jail beating death where Shearin …
Article • June 15, 2001 • from PLN June, 2001
PLRA-Based Garnishment Used to Collect Court Costs for Defendant by The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be …
Article • June 15, 2001 • from PLN June, 2001
Arbitrary Denial of Michigan Appeal Bond Enjoined by A federal District Court in Michigan has enjoined prison officials from incarcerating Joseph Puertas for drug convictions. Puertas obtained the preliminary injunction in a habeas corpus action under 28 U.S.C. § 2241 after state courts arbitrarily denied his request to remain free …
Article • June 15, 2001 • from PLN June, 2001
Filed under: Civil Procedure, Costs
Costs Allowed Only by Court Order by Costs Allowed Only By Court Order The Second Circuit Court of Appeals granted a pro se prisoner's Motion to Disallow Costs, holding that even under the Prison Litigation Reform Act, (PLRA), the assessment of costs remains within the discretion of the court and …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Article • June 15, 2001 • from PLN June, 2001
Prisoner Defendants Entitled to Notice of Summary Judgment Requirements by The court of appeals for the Ninth circuit held that pro se prisoner litigants who are being sued are entitled to notice from the court on the requirements of summary judgment to ensure the prisoner adequately responds to the moving …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Right to Appear at Civil Court Hearings by An appeals court in Texas has held that Texas prisoners have the right to appear-either in person, by affidavit, by depostition, by telephone, or by teleconferencingat court hearings in civil cases. Richard Owen Taylor, a Texas state prisoner, filed …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by Paul Wright In a four-month period between September, 2000 and January, 2001, the Washington Department of Corrections (DOC) was hit with separate jury verdicts for $22.4 and $15 million and settled two additional cases …
Closing Washington's Window of Parole Liability by Paul Wright In addition to almost $50 million in settlements and verdicts assessed against the Washington DOC in recent months, the Washington DOC has paid an additional $20.6 million to settle 25 parole liability cases and pay one jury verdict since 1994. Apparently, …
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