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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 …
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
Punitive Shackling Without a Hearing Okay by The court of appeals for the Eighth Circuit held that it does not violate the Eighth or Fourteenth amendment to chain and shackle a prisoner in his cell for 24 hours without first providing for a hearing or an opportunity to be heard. …
Article • December 15, 1999 • from PLN December, 1999
Many Florida Prison Guards Are Law Breakers by After a review of state records, two Florida newspapers have revealed that state and county prison guards are twice as likely to be disciplined for violations of standards than police officers and that nearly ten percent of Florida state prison guards have …
Sandin Does Not Apply to Pretrial Detainees by The Seventh Circuit court of appeals has held that a pretrial detainee may not be punished for his crime prior to conviction and that Sandin v. Conner, 515 U.S. 472 (1995), does not apply to suits by pretrial detainees. Ricky Joe Rapier …
Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
Article • December 15, 1999 • from PLN December, 1999
Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …
Illinois Prison Home to Illegal Tire Dump by What do you do with 17,000 tons of scrap truck tire casings? The administration of Illinois's Logan Correctional Center has to figure that one out, says the Illinois Environmental Protection Agency and the Lincoln Fire Department. The veritable mountain of tire casings, …
Prisoner Withstands Summary Judgment on Cell Condition Claim by A federal district court in Virginia held that a genuine issue of material fact as to whether a prisoner's cell was adequately heated, had bedding and was maintained in a sanitary condition, precluded summary judgment. Virginia Department of Corrections prisoner Robb …
Article • December 15, 1999 • from PLN December, 1999
Satellite Tracks Parolees by Willie Wisely by W. Wisely Defense Department satellites designed to help guide nuclear missiles hang in geosynchronous orbit 12,500 miles above. The network of 24 military satellites hasn't been used much raining thermonuclear destruction on godless communists since the end of the Cold War. So, the …
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 …
Article • November 15, 1999 • from PLN November, 1999
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations by The court of appeals for the Fourth circuit reaffirmed that the Prison Litigation Reform Act's (PLRA) consent decree termination provisions are constitutional and also held that the PLRA provides no avenue for district courts to make after the fact findings to …
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 …
Article • November 15, 1999 • from PLN November, 1999
The Cultural Commodification of Prisons by Paul Wright Pop culture is about acculturation more than it is about culture. It is about defining the norms and parameters of society. Over one hundred years ago Karl Marx wrote about capitalism's ability to turn everything into a commodity. Commodities are items, whether …
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 …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
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 …
Utah Jail Settles ADA Suit by On May 6, 1999, Salt Lake County, Utah, settled a lawsuit by paying $2,000 in damages, $4,000 in attorney fees and agreeing to modify its jail for the handicapped. Robert Earls, a former jail detainee, is missing a leg and must use a prosthesis. …
Article • October 15, 1999 • from PLN October, 1999
Go Directly to Jail: At the Academy in Alpharetta, Men Pay Big Bucks to Pretend They're in Prison by Dan Savage By Dan Savage Alpharetta, Georgia- I'm naked, and I'm not happy. In just under an hour, I've been subjected to two of three punishments I'd specifically asked to be …
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