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Article • August 15, 2000 • from PLN August, 2000
AL DOC Settles PLN Gift Subscription Lawsuit by On March 29, 2000, the Alabama Department of Corrections (DOC) settled a lawsuit filed by Prison Legal News and Alabama prisoner Aven Cotton. The Alabama DOC had previously required its prisoners to purchase books, magazines and newspaper subscriptions using funds from their …
Brief • July 31, 2000
Jama v. Esmor Correctional Services, NJ, Deposition, Immigration Beating, 2000 1 1 2 UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF NEW JERSEY 4 5 6 7 8 9 10 11 12 13 14 - - - - - - - - - - - - - - - …
$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 …
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
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 …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Article • July 15, 2000 • from PLN July, 2000
No Pretrial Appeals of Motions to Dismiss by The Eighth circuit court of appeals held that it had no jurisdiction to hear interlocutory appeals on issues other than qualified immunity. The court also held it will review FRCP 60(b) motions for abuses of discretion. Emmit Broadway was a pretrial detainee …
Article • July 15, 2000 • from PLN July, 2000
Individual Analysis Required for Diabetic Class Action Damage Award by Ronald Young By Ronald Young The court of appeals for the Third circuit held that the lower court erred in holding that all members of the plaintiff class past, present, and future of insulin-dependent diabetic prisoners alleged violation of their …
Article • July 15, 2000 • from PLN July, 2000
$97,500 Awarded in NY Prison Work Accident by On July 19, 1999, a Binghamton county court in New York awarded $97,500 in damages to Fred Thomas for an eye injury he suffered. while imprisoned in a New York state prison in 1993. Thomas, then a 33-year-old prisoner at the Elmira …
Article • July 15, 2000 • from PLN July, 2000
Mailbox Rule Applies to Section 2254/2255 Motions by The Tenth Circuit Court of Appeals held that a prisoner's pleadings were filed at the time he mailed them, even though he used the prison's regular mail system instead of its legal mail system. While incarcerated at the Federal Correctional Institution in …
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
IN Jail Settles Victim Suit for $650,000 by On September 10, 1999, the Howard County jail in Indiana settled a lawsuit by crime victims for $650,000. A mother, 44, and her 9 year old daughter were physically and sexually assaulted by a prisoner who escaped from the jail by using …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • July 15, 2000 • from PLN July, 2000
Habeas Hints: Williams Precedent by Kent Russell This column is intended to provide "habeas hints "for prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per'). The focus of the column is habeas corpus practice under the AEDPA - the 1996 habeas corpus law …
Article • July 15, 2000 • from PLN July, 2000
$1,800 Awarded in PA Retaliation Suit by On June 25, 1999, U.S. district court judge James McClure Jr. awarded $1,800 in damages to a Pennsylvania jail prisoner who was retaliated against for complaining about jail conditions. The judge also awarded $1 in nominal damages to another prisoner with a similar …
Article • July 15, 2000 • from PLN July, 2000
Washington Jail Settles Exercise Suit by On October 12, 1999, the King County (Seattle) jail in Washington settled a class action suit concerning the amount of outdoor exercise provided to ultra high security (UHS) prisoners and detainees. In 1997 a class action suit was filed challenging the classification process and …
Article • July 15, 2000 • from PLN July, 2000
$1.5 Million Awarded in Arizona Jail Medical Neglect Suit by On April 15, 1999, a Maricopa County Superior Court jury awarded $1.5 million in damages to former Maricopa County (Phoenix, Arizona) jail detainee Timothy Griffin. Griffin was imprisoned for driving on a suspended license. Griffin has a history of ulcers. …
Article • July 15, 2000 • from PLN July, 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 112,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
Brief • July 12, 2000
Benjamin v. Kerik, NY, Motion to Dismiss on Appeal, New York Jail Consent Decree, 2000
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