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Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
ADOC Settlement Terms by -Additional staff training on sexual misconduct and prisoner privacy issues. -Implementation of a program to inform the state's 1,810 female prisoners about their rights. -Requiring all male prison employees who may be alone with a female prisoner to notify a supervisor. -Providing two 15-minute periods a …
Article • September 15, 1999 • from PLN September, 1999
Ex-Prisoner Gets $850,000 for Broken Neck by When Steven Dodson entered a California prison in October 1996, he didn't know that his neck was broken. He only knew that his neck pain kept getting worse. He also didn't know that the next 10 months of his life would be a …
Arkansas Department of Corruption Revealed by A career employee of the Arkansas Department of Correction was demoted from his position as warden of the state maximum security prison in January 1996, after he spoke out about corruption and lack of security in the prison. He sued the DOC and several …
Beaten Connecticut Jail Detainee Awarded $2.07 Million by A federal jury in February, 1999 awarded Kevin King $2 million in punitive damages and $75,000 in compensatory damages for a beating he suffered at the hands of Hartford (Conn.) Correctional Center jail guards. The verdict touched off a firestorm of controversy …
Missouri Proposes $2.2 Million Settlement by On June 25, 1999, the state of Missouri filed a proposed $2.2 million settlement in U.S. District Court that would dispose of 32 lawsuits filed in state and federal courts by 700 - 2,100 Missouri prisoners abused in Texas jails. The lawsuits stem partly …
Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
Article • September 15, 1999 • from PLN September, 1999
Lack of Standing Eviscerates Court Access Class Action by The U.S. court of appeals of the Seventh Circuit held that the two nominal prisoner/plaintiffs in a long-running class action lacked standing to assert a denial of their right of access-to-the-courts. Without standing, the district court was without jurisdiction, and the …
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …
Texas Jail Whistleblower Awarded $3.3 Million by On January 26, 1999, the Lubbock county commissioners court approved a $3.3 million settlement with fired jailer Karen Strube. Strube was a jail guard in the Lubbock County jail in Texas. She complained to the Texas Department of Health (DOH) that she had …
Article • September 15, 1999 • from PLN September, 1999
Arizona DOC Settles Kosher Diet Suit by On January 29, 1999, the Arizona Department of Corrections settled a lawsuit involving a Jewish prisoner's right to a kosher diet. Kenneth Ashelman, an orthodox Jewish prisoner, filed suit when the DOC refused to provide him with a kosher diet. The suit was …
Article • September 15, 1999 • from PLN September, 1999
Transsexual Awarded $755,000 in Jail Strip Search by In May, 1999, a federal jury in San Francisco, California, awarded Victoria Schneider $755,000 in damages for a strip search she was subjected to in the San Francisco county jail in 1996. Schneider, a post operative male to female transsexual, was arrested …
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …
Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court …
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys by Prisoners Have First Amendment Right to Private Conversations With Their Attorneys A federal district court in Pennsylvania held that prisoners have privacy and free speech rights to private conversations with their attorneys. Pennsylvania state prisoners incarcerated on death …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Can Attend His Civil Trial at Government Expense by A federal district court in Maryland held that it would permit a federal prisoner, confined in Pennsylvania, to personally attend his three-day civil rights trial in Greenbelt, Maryland, at government expense. In separate incidents in 1993 and 1994, Anthony Hawks …
Article • September 15, 1999 • from PLN September, 1999
DC Circuit Lifts Injunction on BOP Porn Ban by In the March 1997 issue of PLN we reported that Congress passed the "Ensign Amendment," prohibiting the use of Bureau of Prisons (BOP) funds to distribute sexually explicit material to prisoners. The BOP adopted regulations defining the terms of the ban …
Article • September 15, 1999 • from PLN September, 1999
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
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