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Pelican Bay Guard's Conviction Upheld by Willie Wisely by W. Wisely Jose Garcia was a guard at California's Pelican Bay prison. With his supervisor, Mike Powers, Garcia plotted with prisoner shotcallers to have convicted child molesters, sex offenders, and informants stabbed or beaten. The conspiracy ran from January 1994 to …
Article • July 15, 2001 • from PLN July, 2001
Constant Illumination States Eighth Amendment Claim by Pennsylvania state prisoner Lamont Harris filed a pro se petition for review, alleging that being forced to live in constant illumination 24 hours per day while in punitive segregation was cruel and unusual punishment in violation of the Eighth Amendment. Harris claimed that …
Article • July 15, 2001 • from PLN July, 2001
Private Jail Settlement Not a Consent Decree under PLRA by John E Dannenberg by John E. Dannenberg The United States District Court, Eastern District of CA, held that a "private settlement" agreement to cap the El Dorado (California) County jail population was not a "consent decree" as defined in the …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally by The court of appeals for the Fifth Circuit has held that the issue of whether Louisiana violated the Equal Protection Clause by treating female prisoners more favorable than male prisoners cannot be resolved at the motion to …
Trial Required in Arizona Uprising Suit by The Court of Appeals for the Ninth Circuit reversed a district court decision granting summary judgment to prison officials in a case involving the treatment of prisoners following a prison uprising. In 1995 the Graham Unit of the Arizona State Prison in Safford, …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Article • June 15, 2001 • from PLN June, 2001
Ten Percent Prison Commissary Surcharge in New Jersey Upheld by The Superior Court of Appeals of New Jersey has held that the 10% surcharge on purchases from prison commissaries in New Jersey is constitutional. Paul Auge, a New Jersey state prisoner, filed suit in state court challenging the imposition by …
Article • June 15, 2001 • from PLN June, 2001
Harsh Hitching Post Treatment States Claim by An Alabama federal district Court ruled state prisoner Toby Fountain stated a cruel and unusual punishment claim under 42 U.S.C. 1983 for being tied to a hitching post for 9 hours. Alabama DOC authorizes the use of a "restraining bar," that is better …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Article • June 15, 2001 • from PLN June, 2001
Minnesota Prison Cited For Asbestos Infractions by A Minnesota prison received nine citations and was fined over $18,000 for violations involving cancercausing asbestos. The judgment levied against Faribault prison, in November 2000, by Minnesota Occupational Safety and Health Division, came as a result of disgruntled employees who say they have …
CCA Faulted in Texas Jail Escape by Staff shortages, unwatched video surveillance monitors, unlocked doors, untrained staff and a security alarm that was ignored by Corrections Corporation of America (CCA) employees contributed to the August 27, 2000 escape from the Bartlett State Jail near Austin, Texas. Sixteen problems, the biggest …
New York Jury Awards $900,000 for Jail's Failure to Protect by A federal jury awarded judgment of $900,000 against the County of Nassau and the Sheriff of Nassau for failing to protect prisoner Steven W. Arnold from being assaulted and severely beaten while detained in the Nassau County Jail. PLN …
Article • May 15, 2001 • from PLN May, 2001
PLRA Attorney Fee Cap Doesn't Apply After Release; Texas County Liable in Attack by The court of appeals for the Fifth circuit held that a Texas county was liable for failing to protect an arrestee from assault in its jail. The court also held that the Prison Litigation Reform Act …
Article • May 15, 2001 • from PLN May, 2001
$74,000 Awarded to Slashed New York Prisoner by In July 2000, New York court of claims judge Ferris Lebous awarded $74,000 in damages to a prisoner slashed in an attack by another prisoner. On February 19, 1991, Billy Blake was in the segregation unit of the Shawangunk Correctional Facility. When …
Brief • April 26, 2001
Austin v. Wilkinson, OH, Complaint, Supermax Conditions, 2001 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO, EASTERN DIVISION CHARLES E. AUSTIN, #A206-996 Ohio State Penitentiary 878 Coitsville-Hubbard Road Youngstown, OH 44505-4635 MICHAEL BENGE, #A276-821 Ohio State Penitentiary 878 Coitsville-Hubbard Road Youngstown, OH 44505-4635 COMPLAINT FOR DECLARATORY JUDGMENT AND …
Frozen Toes State a Claim for Deliberate Indifference by A U.S. District Court in Minnesota handed down a mixed ruling on defendants' motion for summary judgment on a federal prisoner's claim of deliberate indifference to his serious medical needs. On January 25, 1996, after walking for 23 hours in freezing …
$40,000 Awarded in Tennessee Jail Failure to Protect Suit by A U.S. District Court in Tennessee ordered Shelby County to pay $40,000 to Jacob Miller for injuries suffered in an attack by fellow prisoners at Shelby County Correctional Center (SCCC). Miller arrived at SCCC in December 1995 to serve a …
$57,000 Awarded in Illinois Prison Beating by Lonnie Burton In 1999 an Illinois state prisoner was awarded nearly $57,000 in damages and fees following trial on his charges that fellow prisoners beat him while a guard stood and watched. Ronnie W. Carroll filed suit in the United States District Court …
Maynor v. Morgan County, AL, Complaint, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 1 Filed 04/05/01 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA C. / "~i - 3 i.. ; ~·: NORTHERN DMSION JOHNNY MAYNOR, Anthony Murphree, Christopher Nichols, Yvette Barbee, …
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