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Attica Suit Settled for $12 Million by On February 15, 2000, a federal judge approved a settlement in which New York State is to pay $8 million to the prisoners who were beaten and tortured after the 1971 Attica riot, closing one of the longest, ugliest chapters in criminal justice …
Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Article • May 15, 2000 • from PLN May, 2000
Texas Prison Dentist Settles Dentures Suit for $3,150 by Jon Michael Withrow In April, 2003, a state prison dentist settled for $3,150 a 42 U.S.C. § 1983 suit brought by a prisoner in the federal district court for the Eastern District of Texas, alleging that the dentist refused to provide …
Black Prison and Jail Employees Win Discrimination Lawsuits by Kentucky In October 2002, a federal jury awarded a former Fayette County Jail guard $196,000. James Young Sr., an African American, was fired from the jail in 1993 after complaining for over a year that black workers at the jail were …
2003 Washington Legislative Round-up by Lonnie Burton In its 2003 session the Washington leg-islature enacted numerous laws affecting prisoners. Highlights of the most relevant laws are as follows: Regional Jails Substitute House Bill 1609 instructs the Sentencing Guidelines Commission to present a plan by Dec. 31, 2003, for creating "pilot …
Article • May 15, 2000 • from PLN May, 2000
Book Review: Inmate Litigation by John E Dannenberg by Assistant Professor Margo Schlanger, Reprinted (soft back) from the Harvard Law Review, Vol. 116, No.6, April 2003; 151 pp. Review by John E. Dannenberg Inmate Litigation is a scholarly analysis on the effectiveness of prisoner civil rights litigation filed under 42 …
Article • May 15, 2000 • from PLN May, 2000
Wrongfully Convicted in California and New York Awarded Damages by Michael Rigby California On April 29, 2003, then California Governor Gray Davis signed legislation awarding two wrongfully convicted prisoners $100 per day for every day they were in prison. Ricky Daye, who spent 10 years in Folsom Prison, and Leonard …
Article • May 15, 2000 • from PLN May, 2000
$115,000 Settlement in Seattle Jail Strip-Search Suit by John E Dannenberg by John E. Dannenberg King County and the City of Seattle settled a wrongful strip-search suit for $115,000 on May 21, 2003 and also agreed to change strip-search policies at King County jails. Jasmine Wells and Brian Walton, college …
PLN in Court by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously wasn't …
Transsexual Prisoners Have Privacy Right by The U.S. court of appeals for the Second Circuit held that transsexual and HIV+ prisoners have a privacy right to confidentiality of their prison medical records and physical conditions. However, because this principle was not clearly established law, the defendants were entitled to qualified …
Article • May 15, 2000 • from PLN May, 2000
Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that …
Article • May 15, 2000 • from PLN May, 2000
Claim For Prospective Relief Moot Upon Release by Ronald Young The court of appeals for the Tenth circuit held that when a prisoner's claim for perspective injunctive relief regarding conditions of confinement becomes moot, the prisoner's parole or supervised release status does not, absent some exceptional showing, bring that claim …
Heck Does Not Bar Evidence in Shooting Case by Ronald Young The U.S. district court for the East ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a result of incident. Vincent Marquez, a California …
Absent Plain Error, Objection Necessary to Preserve Issues by The appeals court for the Seventh circuit held that if a pretrial ruling is definitive, objection at trial is not necessary to preserve the issue for appellate review. The court also held that objection to a guard's counsel's references to pretrial …
Article • May 15, 2000 • from PLN May, 2000
$600,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
New Mexico Private and State Prison Phone Rates Challenged by Two separate state court class action lawsuits have challenged the excessive phone rates charged to people who accept collect calls from New Mexico state prisoners. The first lawsuit, Valdez v. Wackenhut Corrections Corporation, was filed on December 30, 1999, in …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
Article • May 15, 2000 • from PLN May, 2000
No Appeal Bond Required for Indigent Colorado Litigants by No Appeal Bond Required for Indigent Colorado Litigants The Colorado Supreme Court has held that a state district court may not condition an indigent prisoner's appeal on the posting of an appeal bond. Thomas E. Rodden, a Colorado prisoner in the …
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