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Kentucky Phone Rate Ruling by A federal district court in Kentucky held that the filed rate doctrine barred any claims for money damages against Phone Company and county jail defendants. However, injunctive relief was still available. The court questioned the legality of an exclusive service provider contract. In the August, …
New York Strip Search Punitive Damage Award Vacated by The Court of Appeals for the Second Circuit reversed the award of $5 million in punitive damage award against the City of New York for an unlawful strip and body cavity search of a misdemeanant arrestee. The court held that punitive …
Article • May 15, 2001 • from PLN May, 2001
New York Strip Search Suit Settled for $50 Million by On January 9, 2001, it was announced that New York City would pay $50 million to settle a class action lawsuit involving the suspicionless strip searches of some 58,000 people arrested on minor charges. For ten months in 1996 and …
Corrections Corporation of America Hit with $3 Million Abuse Verdict by Lonnie Burton On Dec 14, 2000, a federal jury in South Carolina awarded a 14-year-old boy more than $3 million in damages after finding Tennessee-based Corrections Corporation of America (CCA) guilty of physically abusing the Charleston, SC teen-ager. In …
New York Jury Awards $900,000 for Jail's Failure to Protect by A federal jury awarded judgment of $900,000 against the County of Nassau and the Sheriff of Nassau for failing to protect prisoner Steven W. Arnold from being assaulted and severely beaten while detained in the Nassau County Jail. PLN …
Article • May 15, 2001 • from PLN May, 2001
PLRA Vacated Consent Decrees Can't Be Enforced in State Court by PLRA Vacated Consent Decrees Can't be Enforced in State Court The court of appeals for the Eighth circuit held that consent decrees terminated under the Prison Litigation Reform Act (PLRA) cannot be enforced as private contracts in state court. …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Due Process Violation, Plain Error Reverse Marijuana Conviction by The Michigan Supreme Court reversed a state prisoner's conviction for possession of marijuana after finding that the prosecution had improperly introduced inculpatory statements made by the defendant at an earlier prison disciplinary hearing. Raymond Wyngaard was a prisoner of Michigan's Kinross …
Texas Prisoner Raped By Wackenhut Guard Entitled To Discovery Protection by An appeals court in Texas has held that, under the Texas rape victims shield laws, Rule 412, 509(c)(1) and 510(b)(1), Texas Rules of Evidence, a prisoner who was raped by a guard and is suing Wackenhut may not be …
Article • April 15, 2001 • from PLN April, 2001
Washington DOC Settles Public Disclosure Suits by Roger Smith Plaintiffs Roger Smith, Donald Miniken, and Karl Twilleager, prisoners at the McNeil Island Correction Center (MICC) near Steilacoom, Washington, settled their consolidated Public Disclosure Act claims against defendants Washington Department of Corrections, MICC, and MICC Public Disclosure Officer, Rosemarie Routson on …
Welfare Retaliation Suit Reinstated by Walter Friedl, a New York state prisoner, filed a §1983 action complaining that New York City and State officials had improperly revoked his work release program and reincarcerated him because he applied for welfare benefits. The City of New York settled for $20,000 while the …
Attica Compensation Served Up 29-Years-Cold by Two weeks short of 29 years after the Attica massacre, a federal judge divided an $8 million settlement to compensate more than 500 Attica prisoners and surviving relatives for the abuse suffered when prison guards and state troopers retook the prison after a 5 …
$40,000 Awarded in Tennessee Jail Failure to Protect Suit by A U.S. District Court in Tennessee ordered Shelby County to pay $40,000 to Jacob Miller for injuries suffered in an attack by fellow prisoners at Shelby County Correctional Center (SCCC). Miller arrived at SCCC in December 1995 to serve a …
$57,000 Awarded in Illinois Prison Beating by Lonnie Burton In 1999 an Illinois state prisoner was awarded nearly $57,000 in damages and fees following trial on his charges that fellow prisoners beat him while a guard stood and watched. Ronnie W. Carroll filed suit in the United States District Court …
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 …
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