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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, …
Article • February 15, 2001 • from PLN February, 2001
$1.75 Million Verdict in Juvenile Death Suit by On February 9, 2000, a federal jury in Macon, Georgia held that Georgia Department of Juvenile Justice employees were liable for the death of a 15 year old female juvenile prisoner who was given Tylenol to treat a serious brain injury and …
Article • February 15, 2001 • from PLN February, 2001
$30,000 Awarded to NY Prisoner Slashed in Attack by On September 15, 1999, the New York court of claims awarded $30,000 in damages to New York state prisoner Mario Vasquez. In 1995, Vasquez was slashed in a stairwell at Collins Correctional Facility by two knife-wielding prisoners. The day before the …
Leave to Amend Complaint Improperly Denied by The court of appeals for the ninth circuit held that a district court erred in refusing to allow a pro se prisoner to amend his complaint. Fred Bennett, a California state prisoner, filed suit against various prison officials. The district court dismissed the …
Article • February 15, 2001 • from PLN February, 2001
Summary Judgment Reversed on Diabetes Claim by The Court of Appeals for the Eighth Circuit reversed a lower court's grant of a summary judgment in favor of a doctor and a deputy sheriff on a pre-trial detainee's §1983 claim that they were deliberately indifferent to his serious medical needs. Floyd …
$115,000 Settlement Where Guards Fed NY Prisoner Ground Glass by In September 1999, New York prison officials settled a lawsuit by prisoner Teno Gee for $115,000 in damages. Gee was the chairman of the Inmate Liaison Committee at the Great Meadow Correctional Facility in Comstock. In that capacity Gee had …
Article • February 15, 2001 • from PLN February, 2001
Filed under: Medical, Diabetes, Damages
$160,000 Verdict in NY Diabetic Cyst Suit by On January 11, 2000, the New York court of claims awarded $160,000 to diabetic New York state prisoner Daniel Brill. In 1996 while at the Mid-State Correctional Facility Brill sought treatment for an infected cyst. Brill was eventually hospitalized and treated with …
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