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HIV+ Detainee States Conditions Claim by A federal district court in Indiana held that an HIV positive detainee was entitled to a trial to resolve his claims over inhumane conditions of confinement and discrimination due to his HIV status. Edward Roop was arrested on a warrant after arguing with a …
No Administrative Exhaustion Required When AG Won't Give Hearing by Paul Wright By Paul Wright A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the …
Article • September 15, 2000 • from PLN September, 2000
No Qualified Immunity from ETS Exposure by The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that …
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
$53,000 Settlement in AL Conditions Suit by On April 8, 2000, the Alabama Department of Corrections settled a conditions lawsuit by agreeing to pay eight prisoners $53,000 in damages and establish basic standards of care at the Loxley Community Work Center in Mobile, Alabama. In August, 1997, eight prisoners were …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Sweeping ADA/RA Jail Settlement Benefits Hearing Impaired Prisoners by by Matthew T. Clarke A federal district court in California has approved a sweeping settlement of hearing impaired prisoners' claims in a civil rights, Americans with Disabilities Act (ADA), and Rehabilitation Act (RA) class-action suit against the Santa Clara County (California) …
DOJ Sues Wackenhut Juvenile Prison by Gary Hunter In March, 2000, six teenage boys, brutalized by guards in a Wackenhut prison in Jena, Louisiana, were removed by the judge who sentenced them. State Judge Mark Doherty of Orleans Parish Louisiana was so appalled by their treatment that he made a …
Article • August 15, 2000 • from PLN August, 2000
VA Warden Fired in Foodbank Theft by On October 13, 1999, Vanessa Crawford was fired as warden of the Pocahontas Correctional Unit. Two other unidentified Virginia DOC employees were also fired. The firings stemmed From the theft of food at the Central Virginia Foodbank (CVF). CVF was started in 1995 …
Wackenhut Wracked by Sexual Abuse Scandals by Ronald Young Wackenhut Wracked By Sexual Abuse Scandals by Ron Young After a decade as a leading operator of corporate-owned prisons, Wackenhut Corrections has become a prisoner of its own problems. In New Mexico, a 500-page legislative report written by five consultants calls …
One Dead, Thirty-one Hospitalized in TX Prison Riot by One Dead, Thirty-one Hospitalized In TX Prison Riot A riot in a west Texas state prison Tuesday, April 25, 2000, has left one prisoner dead and thirty-one injured severely enough to require hospitalization according to National Public Radio. The riot, which …
$47,500 Settlement in Pennsylvania Restraint Suit by In May, 1999, the Northampton County Prison (NCP) paid Maria Merced $47,500 to settle a "hogtying" lawsuit she had filed. In August, 1996, while awaiting trial in the NCP, Merced argued with a guard and eventually spat on him. A number of guards …
$100,000 Awarded Under ICCPR in GA Jail Suit by On February 24, 2000, a federal jury In Augusta, Georgia awarded 1100,000 in damages to a Danish citizen who was denied medical care and phone calls to his family in Denmark while he was awaiting trial in the Lincoln county jail …
Texas Supreme Court Invalidates TDCJ-ID VitaPro Contract by The Texas Supreme Court reversed a lower appellate court's decision and held that the trial court had ruled correctly when it invalidated TDCJ-ID's contract with VitaPro Foods, Inc. of Montreal, Canada, for a soy-based meat substitute. The product was unpopular among prisoners …
Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Article • July 15, 2000 • from PLN July, 2000
Field 'Sleep Out' Without Adequate Toilet Facilities States An Eighth Amendment Violation by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that, for qualified immunity purposes, a prisoner who was forced to spend the night outdoors in a work field without adequate bathroom facilities …
Slave Labor O.K. FLSA Does Not Apply to Detainees by by Matthew T. Clarke The Third Circuit court of appeals has held that detainees who won their appeals, but the state appealed further, are still "duly convicted" detainees for purposes of the Thirteenth Amendment's prohibition on slavery, even if the …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
Article • July 15, 2000 • from PLN July, 2000
Czech Prisons Reverberate as Thousands Protest by Julia Lutsky by Julia Lutsy An uprising at 21 of the Czech Republic's 33 prisons was touched off on January 10, 2000, when a guard turned off prisoners' television an hour early in the Vinarice prison in Central Bohemia. This gave rise to …
Article • July 15, 2000 • from PLN July, 2000
Restrained Washington Prisoner Exonerated in Assault on Guard by Terry A Kupers by Terry A. Kupers and Marybeth Dingledy Rodney Gitchel had been in 4-point restraints for two months inside the Special Offenders Center (S.O.C.) at the Monroe Correctional Complex in Washington when he struggled free of the restraints and …
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