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Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Article • November 15, 2000 • from PLN November, 2000
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Article • October 15, 2000 • from PLN October, 2000
Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap by A federal district court in Maine has held that the award of one dollar in nominal damages does not invoke the PLRA attorney's fees cap, 42 U.S.C. § 1997e(d)(2). Raymond P. Boivin, a Maine state pre-trial detainee, sued a …
$100,000 Settlement in TX Restraint Chair/Pepper Spray Death by On February 22, 2000, Tarrant County, Texas agreed to pay a $100,000 settlement to the estate of James Livingston, 30, to settle a wrongful death suit. On July 6, 1999, Livingston was arrested on a trespassing warrant. He was allegedly abusive …
Article • October 15, 2000 • from PLN October, 2000
$50,000 to Settle CA Jail Beating Suit by In April 2000, Sacramento county paid $50,000 to settle a prisoner's excessive force lawsuit that two Sacramento county jail guards, later fired for assaulting another prisoner, also beat him. Troyd Ransom was in the Sacramento county jail on a parole hold in …
Article • October 15, 2000 • from PLN October, 2000
Wisconsin Ban on Crosses Struck Down by The court of appeals for the Seventh Circuit held that a Wisconsin prison rule banning crosses unless it was attached to a rosary violated the First amendment rights of Protestants. This is the latest installment in a long running lawsuit over the Wisconsin …
Family Wins $12.9 Million Award in Michigan Jail Death Suit by Ronald Young By Ronald Young Eddie B. Swans Sr., the personal representative of the estate of Edward Swans, brought a 42 U.S.C. § 1983 civil rights action against the City of Lansing, Michigan. The Chief of Police Jerome Boles, …
The Restraint Chair: Safe and Humane? by Anne-Marie Cusac Jail and prison employees call it the "strap-o-lounger," the "barcalounger," the "we care chair," and the "be sweet chair." Prisoners and their lawyers have other names for the device: "torture chair," "slave chair," and "devil's chair." They are not referring to …
Former Political Prisoner Settles Suit for $4.5 Million by On April 26, 2000, the city of Los Angeles, California and the federal government agreed to pay former political prisoner Geronimo Ji Jaga (formerly known as Elmer Pratt) $4.5 million to settle a wrongful imprisonment suit he had filed. Ji Jaga …
Pro Se Tips and Tactics by John Midgley Supreme Court on Kind and Quality of Appellate Counsel by John Midgley In three recent decisions, the U.S. Supreme Court addressed the kind and quality of representation to which people are entitled on appeal of their criminal convictions. If your conviction is …
Sex Offender Label May Require Due Process by The Eleventh Circuit ruled that absent a conviction for a sex related crime, classification of a state prisoner as a sex offender (and requiring him to register as a sex offender) implicates a liberty interest under the Due Process Clause. Jeffery Kirby …
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 …
Fines Against WA Civil Commitment Center Stayed by Dan Pens In the May 2000 issue of PLN we reported the progress of a federal court injunction issued in 1994 against Washington's Special Commitment Center (SCC), the nation's first civil commitment facility specifically for the long-term detention and "treatment" of "sexual …
$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, …
Article • August 15, 2000 • from PLN August, 2000
Guard's Intentional Destruction of Typewriter States §1983 and Texas Tort Claims by A Texas state court of appeals has held that a guard's intentional destruction of a prisoner's typewriter states a claim under 42 U.S.C. §1983 and Texas tort law. Robert Gordon, a Texas state prisoner, filed suit under 42 …
WA Guard Discrimination Suit Settled for $250,000 by In the May, 1999, issue of PLN we reported the widespread racism among white prison employees in the Washington Department of Corrections (DOC) and the resulting hostile work environment it created for minority employees as well as prisoners. In July, 1998, black …
SC Prisoners Settle Rape Suits by On October 16, 1999, an unidentified former woman prisoner settled a lawsuit for $115,000. The woman claimed that in 1995 while she was imprisoned at the Women's Correctional Center in Broad River, South Carolina, prison guard Anthony Green raped her and South Carolina prison …
Article • August 15, 2000 • from PLN August, 2000
$2 Million Awarded in IL Medical Neglect Suit by On February 2, 2000, a federal jury in Illinois awarded $2 million in damages to a prisoner blinded through medical neglect by prison officials. The damage award is believed to be the highest in a prisoner civil rights case in Illinois. …
$1.75 Million in Oregon Excessive Force Jail Settlement by On March 29, 2000, the Klamath County Jail in Medford, Oregon, paid $1.75 million to settle an excessive force lawsuit filed by a former jail detainee. In 1997 Dana Lecomte was in the Klamath county jail on charges of driving with …
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