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Article • February 15, 2001 • from PLN February, 2001
$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …
MO Prisoner Awarded $130,000 in Retaliation and Haircut Claims by On February 4, 2000 a federal jury in the Eastern District of Missouri awarded $130,000 in damages to Jerry McCrary. McCrary, who is black, filed suit claiming that while imprisoned at the Potosi Correctional Center in Missouri on August 16, …
Article • February 15, 2001 • from PLN February, 2001
$158,500 Awarded in NY Slip and Fall by On September 22, 1999 the New York court of claims awarded former New York state prisoner Lourdes Fischer $158,500 in damages for injuries she suffered when she fell from a ramp at the Albion Correctional Facility and landed face first on a …
Brief • February 5, 2001
Jama v. Esmor Correctional Services, NJ, Deposition Slattery, Immigration Beating, 2001 1211 1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTICT COURT FOR THE DISTRICT OF NEW JERSEY - - - - - - - - - - - - - - - …
Article • January 15, 2001 • from PLN January, 2001
MO Consent Decree Modification Affirmed by The court of appeals for the Eighth circuit held that a district court correctly granted prison officials' motion to modify a consent decree to allow for prison overcrowding. The ruling is novel in this post Prison Litigation Reform Act (PLRA) era when prison officials …
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
Certificate of Review Mandatory in Colorado Negligence Suits by Bob Williams The Colorado Supreme court has held that prisoners must file a "certificate of review" under Colorado law when suing a licensed professional (LP) for negligence, whether or not the LP is a named party, but that a failure to …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Qualified Immunity Denied in CO Rape Case; Suit Settled for $70,000 by In an unpublished ruling, the Tenth Circuit has denied qualified immunity to prison officials who failed to protect a prisoner from being raped by another prisoner. Marvin Gray, a "large and powerful individual with a violent past," was …
Article • January 15, 2001 • from PLN January, 2001
Alabama Ad Seg Publication Ban Struck Down by On March 20, 2000, a Federal Magistrate recommended declaratory relief striking down a ban on subscription publications in the Alabama Department of Corrections' (DOC) Administrative Segregation (Ad Seg) unit. This recommendation follows a previous ruling where the Court held, after a bench …
Article • January 15, 2001 • from PLN January, 2001
Right to Associate Still Viable by The U.S. court of appeals for the Second Circuit held that genuine issues of fact, as to the reasonableness of an official denial of a prisoner's request to form a legal defense center, precluded summary judgment for prison officials. The court, however, further held …
Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment by Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment A federal district court in Illinois has dismissed a private construction contractor from a suit alleging a prisoner was injured in a fire after the contractor's employees …
IFP Litigant Entitled to Amend Complaint by The court of appeals for the Second circuit held that a district court erred when it dismissed an indigent pro se prisoner's complaint without affording him an opportunity to amend the complaint and cure the defect. Benjamin Cruz, a Connecticut state prisoner, filed …
Florida X-Wing Guard Acquitted in Valdes Beating by The first of five Florida State Prison guards to be tried in connection with the beating death of "XWing" prisoner Frank Valdes was acquitted by a jury in a rural county dominated by the state "corrections" industry. In the October 1999 PLN …
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 …
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