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TRO Allows Father to Attend Birth; Court Awards Full Attorney Fees by A U.S. District Court in Ohio awarded attorneys' fees and court costs to a state prisoner and her husband who sought and were granted a Temporary Restraining Order (TRO) allowing the husband to attend the birth of their …
Deadly Nostalgia: The Politics of Boot Camps by Christian Parenti The short, stout eighth grader Gina Score, was never much of an athlete. But that didn't matter to the staff at South Dakota's Plankinton boot camp for girls, where militarystyle discipline and calisthenics were the modus operandi and, as staff …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
Article • March 15, 2001 • from PLN March, 2001
WA DOC Sells Prisoner Information by In response to a Public Disclosure Act (PDA) request from PLN, the Washington Department of Corrections (DOC) revealed that since at least 1995 it has been selling prisoner information to a variety of private and media companies. The private company data brokers in turn …
Texas Death Machine Faces Renewed Criticism by A report released October 16, 2000 by the Texas Defender Service, a nonprofit group that represents death row prisoners, concludes that "an intolerably high number of people are being sentenced to death [in Texas] and propelled through the appellate courts in a process …
Article • March 15, 2001 • from PLN March, 2001
Permanent Injunction Granted for Kosher Diets by The Colorado Federal District Court granted a permanent injunction against the Department of Corrections (CDOC) finding the CDOC in violation of the Free Exercise Clause of the First Amendment for failing to provide Colorado Prisoners with a kosher diet. As reported in the …
Article • March 15, 2001 • from PLN March, 2001
Consent No Defense For Guard Accused of Raping Prisoner by by Matthew T. Clarke A federal district court in Delaware has held that a prison guard may not use consent as a defense in a suit by a prisoner alleging he raped her. Dorothy Carrigan, a Delaware state prisoner, filed …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
Improperly Installed Bunks State 8th Amendment Claim by The court of appeals for the Sixth circuit held that a prisoner's complaint that bunk beds are improperly installed upside down, and the anchor bolts' protrusion into the sleeping area states an eighth amendment claim. Tennessee prisoner Forrest Zayne Brown filed a …
$1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit by $1.18 Million In Santa Clara Co. Sexual Assault/Harassment Suit Female prisoners were awarded a total of $1,180,000 in damages and attorney's fees in the settlement of a suit filed against the Santa Clara County, California, Board of Supervisors and Department …
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
Bag'm, Tag'm and Bury'm; Wisconsin Prisoners Dying for Health Care by Dan Pens [The Milwaukee Journal Sentinel (www.jsonline.com) published an investigative series titled: "Wisconsin's Death Penalty," by Mary Zahn and Jessica McBride, October 22-24, 2000. Wisconsin doesn't have capital punishment, but the Journal Sentinel revealed the routine "execution" of state …
Article • February 15, 2001 • from PLN February, 2001
$330,000 Verdict in MI Beating by On October 8, 1999, a federal jury deliberated four hours before returning a $330,000 verdict in favor of Richard Johnson. Johnson, a Michigan state prisoner, had been imprisoned at the Ionia Correctional Facility. While being moved to a different cell, Johnson was shoved from …
$4,500 Verdict in NY Hernia Suit by On November 16, 1999, the New York court of claims awarded New York state prisoner Justo Lopez $4,500 for a hernia he developed while assigned to do work beyond his physical capacity. Prior to his incarceration Lopez had been shot several times, as …
AZ Prisoners Can't Access Internet, But the Net Accesses Them by A state law that went into effect July 18, 2000 makes it a Class 1 Misdemeanor for Arizona prisoners to "send mail or receive mail from a communication service provider or remote computing service." The law imposes penalties for …
Mentally Ill Prisoners in the New Jersey Prison System by Julia Lutsky Two hundred prisoners filed a class action suit against the New Jersey Department of Corrections (NJDOC) in 1996. A court order issued as a result of that suit mandated an investigation to "assess the mental health services in …
Louisiana Abandons Private Juvenile Prisons by John E Dannenberg The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. …
Article • February 15, 2001 • from PLN February, 2001
$7,500 Paid to Settle Delay of Legal Property Suit by On September 27, 1999, District of Columbia federal judge Stanley Sporkin entered judgment on a settlement for $7,500, plus $47.81 in interest, in a lawsuit involving the shipping of a D.C. prisoner's legal property from a Washington state prison to …
Article • February 15, 2001 • from PLN February, 2001
$8,000 Awarded in NY Chair Collapse by On November 24, 1999, the New York court of claims awarded $8,000 in damages to New York prisoner Troy Benjamin. In 1995 while Benjamin was a prisoner at the Collins Correctional Facility, the back of the chair he was sitting in fell off, …
Article • February 15, 2001 • from PLN February, 2001
$7,500 Award in NY Window Injury by On November 8, 1999, the New York court of claims awarded $15,000 in damages to a New York state prisoner who cut his arm while opening a malfunctioning window. In 1990, Neil Henry, a prisoner at the Fishkill Correctional Facility in New York, …
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