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Article • February 15, 2000 • from PLN February, 2000
Amended Arizona Statute of Limitations Not Retroactive by The court of appeals for the Ninth circuit held that an Arizona statutory amendment eliminating the tolling provision for prisoners' suits, did not apply retroactively. Christian Weaver TwoRivers, an Arizona prisoner, appealed a lower court's dismissal of his 42 U.S.C. § 1983 …
Article • February 15, 2000 • from PLN February, 2000
No Filing Fee Required if IFP Denied in DC Circuit by No Filing Fee Required if IFP Denied in DC Circuit: Reflecting a widening split between the circuits on this issue, the court of appeals for District of Columbia circuit held that when prisoner plaintiffs are denied In Forma Pauperis …
Article • February 15, 2000 • from PLN February, 2000
Warden Purged of Contempt by In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling …
Article • February 15, 2000 • from PLN February, 2000
Litigation Costs Not Dischargeable in Bankruptcy by A federal bankruptcy court in Idaho held that the PLRA's modification to the bankruptcy code, 11 U.S.C. § 523(a)(7), which exempts from chapter 7 bankruptcy discharge any debt involving filing fees and litigation costs, applies to non prisoners as well as prisoners. The …
Oregon DOC Liable for Attacks by Parolees by The Oregon Court of Appeals upheld a trial court judgment against the Department of Corrections (DOC), concluding that violent crimes committed by a parolee were a reasonably foreseeable consequence of inadequate parole supervision. In 1984, Cal Brown was convicted of assaulting an …
Georgia Prisoner Wins $60,000 Retaliation Verdict by On September 30, 1999, U.S. district court judge Orinda Evans awarded Georgia state prisoner Ray Yelverton $60,000 in compensatory and punitive damages in a retaliation suit against prison officials. Yelverton was convicted of child molestation charges in 1990. He was imprisoned at the …
Arizona Incarceration Cost Setoff Law Upheld by The Arizona Court of Appeals held that, as applied, the state's incarceration cost setoff law does not violate the Equal Protection Clause of the Fourteenth Amendment or the anti-abrogation provisions of the Arizona Constitution. A jury awarded $15,000 to Felix Duarte and $1,500 …
Article • December 15, 1999 • from PLN December, 1999
Filed under: Civil Procedure, Appeals
Pro Se Tips and Tactics (Civil Appeals) by John Midgley If the judge or a jury rules against you, you may want to try to appeal to a higher court. In this column, I will cover some basic information about what kinds of rulings against you in federal court can …
Beaten Attica Prisoner Awarded $70,000 by After a two-week trial during July 1999, a jury ruled in favor of plaintiff Wayne Ford and awarded him $70,000 in a suit against Attica guards for using excessive force. Wayne, 32, who acted as his own attorney through much of the proceedings, said …
Article • December 15, 1999 • from PLN December, 1999
CDC Settles Corcoran Shooting Suit for $2.2 Million by In May, 1999, the California Department of Corrections (CDC), announced it would pay $2.2 million to settle a shooting lawsuit by former prisoner Vincent Tulumis. Earlier this year the CDC settled the Corcoran shooting death lawsuit by the estate of Preston …
CSC Cancels Florida Juvenile Facility Contract by Correctional Services Corp. (CSC) announced Aug. 23, 1999 that it was withdrawing from an $8.7 million-a-year contract to operate the Pahokee Youth Development Center, a 350 bed Florida juvenile facility, 8 months before the contract is due to expire. The announcement came six …
Article • December 15, 1999 • from PLN December, 1999
Tennessee Prison Guard to Pay $50,000 for Stabbing by A former Tennessee Dept. of Correction guard has been ordered to pay $50,000 to a prisoner who was attacked and stabbed after he resisted the extortion demands of other prisoners. U.S. District Judge Todd Campbell ruled on August 7, 1999 that …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
New Jersey Jail Settles Chemical Burn Suit for $900,000 by On April 20, 1999, Atlantic County, New Jersey, paid $900,000 to settle a lawsuit involving extensive chemical burns suffered by a prisoner forced to do calisthenics in a pit filled with caustic chemicals. David Zamot was a non violent offender …
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 …
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