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Article • December 15, 1999 • from PLN December, 1999
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications by The U.S. court of appeals for the Seventh Circuit held that prisoners, who proceed in forma pauperis (IFP) before a district court, are entitled to an opportunity to give reasons justifying an appeal, whenever a district court …
South Dakota Eliminates Law Libraries by On May 17, 1999, the South Dakota Department of Corrections settled a lawsuit that eliminates law libraries in the state's prisons and replaces them with limited assistance from a legal contractor. Under the terms of the settlement, South Dakota's four main prisons will maintain …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
Retaliation Verdict Remanded for Damages by The court of appeals for the Eighth circuit held that a district court abused its discretion when it only awarded nominal damages to a prisoner who won a grievance retaliation claim against a jail guard. The court also notes cases on damage awards for …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
New Jersey Guard Wins $3.75 Million Harassment Suit by On May 27, 1999, a Burlington county jury in New Jersey ruled in favor of prison guard Robert Lockley Jr. and awarded him $3.75 million in damages. Lockley, 39, a guard at the Mid State Correctional Facility in Ft. Dix, New …
Article • November 15, 1999 • from PLN November, 1999
New York City Arrestee Awarded $5.02 Million in Strip Search by On May 6, 1999, a federal jury in Manhattan awarded $19,600 in compensatory damages and $5 million in punitive damages to an arrestee who was strip searched in a New York City jail. In 1997 Debra Ciraolo, 43, an …
Article • November 15, 1999 • from PLN November, 1999
California Illegally Dumps Parole Records by Willie Wisely by W. Wisely California Department of Corrections prisoncrats were caught illegally dumping confidential documents about parolees in a dumpster near the new Metreon entertainment center in San Francisco, according to Michael Taylor's June 19, 1999 article in the San Francisco Chronicle. Some …
Amended Complaint Filed Outside Limitations Period Relates Back by A federal district court in Michigan held that an amended complaint using proper names for "John Doe" defendants, filed outside the statute of limitations was not untimely because the claims related back to the original complaint. The court also held that …
$100,000 Settlement in South Carolina Jail Death by On May 12, 1999, Spartanburg county in South Carolina announced it would pay $100,000 to settle a wrongful death suit filed by the estate of a prisoner. On June 7, 1998, John Pruitt, a detainee in the Spartanburg county jail, collapsed and …
Article • November 15, 1999 • from PLN November, 1999
$7,000 Award to Prisoner Shoved by Guard while Praying by $7,000 Award to Prisoner Shoved by Guard While Praying A federal district court in New York has awarded $7,000 in damages to a muslim prisoner who, while he was praying, was shoved from behind by a guard. Generoso Arroyo Lopez, …
Article • November 15, 1999 • from PLN November, 1999
No Privacy Rights for Sex Offender Registrants by The Third Circuit ruled that sex offenders required to register under "Megan's Law" have no protected right to privacy that would render unconstitutional the public dissemination of such information. This is not the first time the 3rd Circuit has upheld Megan's Law. …
Article • November 15, 1999 • from PLN November, 1999
California Prison Legal Fund Broke by Willie Wisely by W. Wisely The California Department of Corrections' $15.5 million legal settlement fund went broke in late March, 1999, three months before the end of the fiscal year, according to an article by Pam Podger in the May 27, 1999, edition of …
New York Retaliation Suit Nets $100,000 in Damages by On April 28, 1999 a federal jury awarded $25,000 in compensatory damages and $75,000 in punitive damages to New York prisoner Ronald Maurer. Three years earlier Maurer filed a pro se complaint claiming that he had been subjected to retaliation for …
Alabama Prison Officials Held in Contempt Again by A federal district court held Alabama prison officials in contempt for violating a 12-year-old Consent Decree. The court also awarded attorney's fees against the state and dissolved the decree pursuant to the Prison Litigation Reform Act, (PLRA). In 1983, prisoners in an …
CDC Whistleblower Gets $1.7 Million by A former California Department of Corrections (CDC) guard who reported the Corcoran State Prison "gladiator fight" shootings to the FBI, resulting in the indictment of eight other Corcoran guards, has been paid $1.7 million by the state. Richard Caruso, 35, sued the CDC in …
Article • October 15, 1999 • from PLN October, 1999
Pro Se Tips and Tactics (Discovery) by John Midgley In my last column, I discussed discovery generally and introduced the tools of discovery. In this column I provide more detail on some specific discovery topics: how "mandatory disclosure" rules in effect in many federal district courts can be used to …
$90,000 Settlement in Utah Jail Suicide by On May 28, 1999, Salt Lake county, Utah, paid $90,000 to the family of a detainee who committed suicide in the county jail. Henry Delgado was arrested on Jul 16, 1997, on charges of assaulting a police officer, resisting arrest and carrying a …
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