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Article • August 15, 2000 • from PLN August, 2000
Attorney Fee Award Against Prisoner Reduced by A federal court in Virginia reduced an attorney fees award against a prisoner who filed a factually frivolous suit from $28,719 to $900. John McGlothin, a Virginia state prisoner, filed a civil rights suit under 42 U.S.C. § 1983 against the warden and …
Article • August 15, 2000 • from PLN August, 2000
California Statute of Limitations Tolled by The U.S. Court of Appeals for the Ninth Circuit has held that; (1) amended California tolling statute could be retroactively applied to former prisoner's claim; and (2) former prisoner was not entitled to equitable tolling. David Fink, a former California prisoner, filed a civil …
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) …
Article • August 15, 2000 • from PLN August, 2000
BOP Settles Medical Death Suit for $700,000 by In February, 1999, the federal Bu reau of Prisons settled a medical neglect suit for $700,000. David Deen, a BOP prisoner, was 30 years old and confined at the U.S. Penitentiary in Atlanta, Georgia for five months. He was prescribed nitroglycerin for …
Article • August 15, 2000 • from PLN August, 2000
$14,950 Awarded in NY Window Frame Suit by On September 17, 1999, the New York court of claims awarded the estate of Carmine Tarantino $14,950 for injuries Tarantino suffered at the Attica Correctional Facility when a window frame came loose and struck him on the head. Tarantino died of unrelated …
PLN Sues to Uncover Telemarketing Closure by The accompanying story on the closure of the Washington Marketing Group (WMG) operation at the Washington State Reformatory in Monroe, Washington, occured in May, 1999. Shortly after it occurred PLN editor Paul Wright filed a Public Disclosure Act (PDA) request with the Department …
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 …
Article • August 15, 2000 • from PLN August, 2000
$7,500 Award in NY Window Injury by On November 8, 1999, the New York court of claims awarded $15,000 in damages to a New York state prisoner who cut his arm while opening a malfunctioning window. In 1990, Neil Henry, a prisoner at the Fishkill Correctional Facility in New York, …
Exhaustion Requirement Discussed, $86,250 Beating Award Upheld by The Sixth Circuit Court of Appeals held that the term prison conditions, as used in the Prison Litigation Reform Act at §1997e(a), includes claims of excessive force, thereby subjecting prisoner claims to the Act's administrative exhaustion requirement. The court also held that …
$12,000 Awarded in NY Work Injury Suit by On June 28, 1999, the New York court of claims awarded Leon Bienkowski $12,000 for past general damages for injuries he suffered on a prison work detail. Bienkowski was a prisoner at the Elmira Correctional Facility in New York in 1996 when …
Article • August 15, 2000 • from PLN August, 2000
$800,000 Settlement in AZ Jail Restraint Suit by In August, 1999, the Maricopa County board of supervisors, approved an $800,000 settlement for a pretrial detainee subjected to excessive force in the Maricopa County (Phoenix) Jail in Arizona. Richard Post, a wheelchair bound paraplegic was arrested and taken to the county …
Article • August 15, 2000 • from PLN August, 2000
WA Court Costs Can be Remitted by WA Court Costs Can Be Remitted Appeals, Division One, held that: (1) the State may be awarded costs under RCW 10.73.160 even if an indigent prisoner's appeal raises debatable issues; and (2) a defendant whose conviction has been affirmed may petition the sentencing …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Article • August 15, 2000 • from PLN August, 2000
$8,000 Awarded in NY Chair Collapse by On November 24, 1999, the New York court of claims awarded $8,000 in damages to New York prisoner Troy Benjamin. In 1995 while Benjamin was a prisoner at the Collins Correctional Facility, the back of the chair he was sitting in fell off, …
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 …
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