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Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Medical Claims Against CMS to be Refiled in State Court by By Matthew T. Clarke A federal district court in Illinois has dismissed the breach of medical care duty suit of a suicide prisoner's estate against Correctional Medical Services of Illinois (CMS), but encouraged the refilling of the suit in …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Article • December 15, 2000 • from PLN December, 2000
Error to Dismiss Suit for Inability to Pay Filing Fee by The court of appeals for the Fifth circuit held that it was an abuse of discretion for a district court to dismiss a prisoner's suit for failure to pay the initial assessed filing fee without first determining if the …
Article • December 15, 2000 • from PLN December, 2000
PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …
Article • December 15, 2000 • from PLN December, 2000
Pro Se Tips and Tactics by John Midgley By John Midgley Many prisoners have difficulties obtaining good medical care. Often prisoners assume that every failure on the part of the prison system to provide adequate medical care is a constitutional violation that can be remedied in federal court, but this …
Article • December 15, 2000 • from PLN December, 2000
Dismissal for Texas Prisoner's Failure to State Facts of Prior Suits by A Texas state court of appeals has held that a prisoner's lawsuit may be dismissed as frivolous because the prisoner failed to list the operative facts of his previous lawsuits, identify the parties involved, and state whether the …
Corcoran Show Trial Ends with Acquittals by Dan Pens Corcoran Show Trial Ends With Acquittals The saga of Corcoran's infamous SHU shootings ended June 8, 2000 when a jury acquitted eight California prison guards of federal charges that they entertained themselves by staging gladiator-style fights among prisoners from rival gangs. …
$16 Million Agreement to Revamp NJ Prison Mental Health Care by A federal district court in New Jersey has approved a $16 million settlement in a class-action suit against state prison officials for constitutionally deficient prison mental health care. Patricia P. Pearlmutter, assistant professor of clinical law at the Center …
Pregnant OH Prisoner Obtains Abortion by A U.S. District Court enjoined the director of an Ohio prison from denying a pregnant jail prisoner access to abortion services. Jane Doe, a pseudonymous female prisoner at River City Correctional Center in Cincinnati, was approximately 6 weeks pregnant when she was incarcerated on …
FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
Article • November 15, 2000 • from PLN November, 2000
Administrative Remedies Exhaustion Tolls LA Statute of Limitations by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that state administrative proceedings a prisoner was required to exhaust tolled Louisiana's one-year prescriptive period for filing a civil rights claim. The court also held that the …
9th Circuit Upholds Ban on Sex-based Publications; Requires Due Process by 9th Circuit Upholds Ban on Sex-based publications; Requires Due Process Against a First Amendment challenge, the Ninth Circuit has upheld a prison regulation banning sex-based publications depicting penetration. The Court also held that prisoners have a Fourteenth Amendment due …
Washington Radiation Suit Settled for $2.4 Million by Hans Sherrer By Hans Sherrer On March 14, 2000, a classaction lawsuit by Washington State prisoners who participated in radiation experiments from 1963 to 1971 was settled for $2.4 million. Sixty-four prisoners at the Washington State Penitentiary at Walla Walla were involved …
Irradiation Limitation Remains Unsettled by James Quigley By James Quigley The U.S. court of appeals for the Ninth Circuit held that factual issues, as to when a former prisoner was, or should have been, aware of his injuries from radiation experiments, precluded summary judgment on statute of limitation grounds. The …
Dismissal of Medical Claim Reversed After Prisoner's Death by The Court of Appeals for the Tenth Circuit held that a district court erred when it dismissed a lawsuit, filed by the estate of a Wyoming prisoner, that claimed prison officials showed a deliberate indifference to his medical needs relating to …
Article • November 15, 2000 • from PLN November, 2000
$35,000 Awarded to CA Prisoner in Beating Suit by On October 14, 1999, U.S. district court judge Susan Illston ruled that three Pelican Bay state prison guards had violated the Eighth amendment rights of prisoner Ricky Gray. Gray had filed suit under 42 U.S.C. § 1983 claiming that while being …
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