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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 …
MI Hearing Officer Fired for Following Law by The Sixth Circuit Court of Appeals held that fact issues existed as to whether a major misconduct decision maker employed by the Michigan Department of Corrections (MDOC) was retaliated against and fired, for failing to maintain a 90% misconduct conviction rate and …
Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
$586,000 to Settle KY Jail Strip Search Suit by On January 25, 2000, Jefferson County, Kentucky, announced it would pay $586,000 to 31 people strip searched after being booked into the Jefferson county jail on minor traffic offenses in 1993. Previously, PLN reported that Jefferson County had paid $11.5 million …
Article • November 15, 2000 • from PLN November, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson $12,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
Male NJ Guard's Sexual Harassment Suit Settled for $425,000 by On December 6, 1999, the New Jersey Department of Corrections agreed to pay $425,000 to Mid State Correctional Facility employee Thomas Ferri, 55, to settle his sexual harassment suit against the prison. Ferri, an internal affairs investigator at the prison, …
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