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Diabetic ND Prisoner's Forced Medical Treatment Upheld

Article • May 15, 2007

Filed under: Organizing, Hunger Strikes, Protests, Diabetes, Consent to Treatment, Forcible Treatment

Diabetic ND Prisoner's Forced Medical Treatment Upheld by North Dakota State Penitentiary prisoner August T. Vogel, who is serving a 90-year sentence for first degree murder, refused medical monitoring and treatment for his diabetes after he was removed from work release, lost his job and was denied a parole board …

Evidentiary Hearing Required to Determine Compliance with Wolff

Article • May 15, 2007

Filed under: Evidentiary Ruling, Administrative Exhaustion, Sentencing, Good Time, Habeas Corpus

Evidentiary Hearing Required to Determine Compliance with Wolff by The Eighth Circuit Court of Appeals held a prisoner was entitled to an evidentiary hearing where a disciplinary board failed to furnish a written statement of reasons for its decision. The North Dakota State Penitentiary prisoner was charged by prison officials …

Psychotropic Medication Claim Requires Expert Testimony

Article • May 15, 2007

Filed under: Medication, Civil Procedure, Expert Witnesses, Involuntary Treatment/Drugging

Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …

Court Upholds North Dakota Prisoner's Forced Drugging

Article • May 15, 2007

Filed under: Medical, Medication, Consent to Treatment, Involuntary Treatment/Drugging

Court Upholds North Dakota Prisoner's Forced Drugging by The plaintiff was involuntarily administered psychotropic medications, after a hearing, based on his uncontrolled assaultive behavior and his evident paranoia and its consequences. At 1054-55: A competent adult has the right to refuse medical treatment. . . . Courts have based this …

Plaintiff's Failure to Protect Claim Dismissed

Article • May 15, 2007

Filed under: Conditions of Confinement, Failure to Protect (General)

Plaintiff's Failure to Protect Claim Dismissed by The plaintiff was assaulted by another prisoner. The fact that the assailant had a violent record did not mean that releasing him to general population was deliberate indifference; he was a life prisoner, meaning prison officials had reason to believe he had an …

Prisoners Have No Right to Give Legal Assistance

Article • May 15, 2007

Filed under: Court Access, Prisoner Legal Assistance, Paralegals

Prisoners Have No Right to Give Legal Assistance by The court of appeals for the Eighth circuit held that a North Dakota prisoner had no right to provide legal assistance to other prisoners. There is a circuit split on this issue. See: Gassier v. Rayl, 862 F.2d 706 (8th Cir. …

Opening Legal Mail Unconstitutional

Article • May 15, 2007

Filed under: Mail, Mail Regulations, Legal Mail

Opening Legal Mail Unconstitutional by The court of appeals for the Eighth circuit held that a practice of North Dakota prison officials of opening mail from attorneys that was marked "legal mail" violated due process. The court upheld the opening of non legal mail to prisoners in order to inspect …

Court Enjoins CA Seg Unit Conditions

Article • May 15, 2007

Filed under: Conditions of Confinement, Totality of Conditions, Pepper Spray/Tear Gas, Restraints, Attorney Visits

Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …

$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC

Article • May 15, 2007

Filed under: Medical, Respiratory, Qualified Immunity, Supervisory Liability

$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC The Eighth Circuit Court of Appeals held that an administrator is entitled to qualified immunity in a claim of deliberate indifference …

Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family

Article • May 15, 2007

Filed under: Transport Companies, Escapes, Standing, Immunity/Liability, Contractor Liability

Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …

North Dakota Ad Seg Placement Upheld

Article • May 15, 2007

Filed under: Control Units/SHU/Solitary Confinement, Ad-Seg Hearings

North Dakota Ad Seg Placement Upheld by The plaintiff was placed and retained in administrative segregation because he was threatening staff and other inmates. He received several opportunities to meet with the administrative segregation committee and the warden and declined them. His continuation in administrative segregation did not deny due …

Indigent Prisoners Required to Pay PLRA Filing Fees

Article • May 15, 2007

Filed under: PLRA, Filing Fees (PLRA)

Indigent Prisoners Required to Pay PLRA Filing Fees by The assessment of an initial filing fee of $5.16 was proper under the PLRA formula even if, by that time, the plaintiff's account balance was negative. However, the court reconsiders and rescinds its order that if the partial filing fee isn't …

Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim

Article • May 15, 2003 • from PLN May, 2003

Filed under: MedCenter One, Retaliation for Use of Medical Services, Hepatitis, Civil Procedure, Complaints, Contractor Liability

Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …

Escape Costs Private Transport Company

Article • August 15, 2000 • from PLN August, 2000

Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, Transport Companies, Escapes

Escape Costs Private Transport Company by A private prisoner transport company agreed to pay $50,000 to the state of North Dakota to defray the state's expenses for recapturing a prisoner who spent three months as a fugitive after escaping from one of its buses. Convicted child killer Kyle Bell was …

No Interlocutory Appeal From Judgement

Article • February 15, 1995 • from PLN February, 1995

Filed under: Eighth Amendment, Strip Cells, Bedding, Hygiene Supplies, Restraints, Defenses, New Trial Motions, Appeals, Immunity/Liability, Qualified Immunity

No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …

Hog-Tying Violates 8th Amendment

Article • June 15, 1994 • from PLN June, 1994

Filed under: Conditions of Confinement, Eighth Amendment, Strip Cells, Restraints, New Trial Motions

Hog-Tying Violates 8th Amendment by Eugene Littlewind is a North Dakota state prisoner. In 1988 Littlewind and three other prisoners attacked a guard in the North Dakota Penitentiary segregation unit. After the attack, Littlewind cooperated with guards and was taken to the prison's observation unit. Once there he was stripped …

Dismissal not Appropriate for Unintentional Delay

Article • July 15, 1993 • from PLN July, 1993

Filed under: Medication, Civil Procedure, Sanctions, Venue, Federal Tort Claims Act

Dismissal not Appropriate for Unintentional Delay by David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he …

ND Phone Kickbacks 2004-2008

Kickback publication

Filed under: Telephones

ND Phone Kickbacks 2004-2008 ~ File Om<>" ..... ~" ,,, "",,"~",,,,.,"".~ , ..... ~ , .."~,, .., ....", ,~"••" '"'"m . W,".... Edit \'lew Fovcde' Tools *' '"",~, ,•••,,, ~ show deJails Piatz, Jeannine M. to Dave, me, Leann Mr Mike Riqby Attached you will find the Inmate Tele.,none Policy …

ND Phone Contract with Securus 2009-2014

Kickback publication

Filed under: Telephones, Telephone Rates

ND Phone Contract with Securus 2009-2014

ND Phone Kickbacks 2009-2012

Kickback publication

Filed under: Telephones

ND Phone Kickbacks 2009-2012 North Dakota Commission Totals: FY09 $126,245.62 FY10 $114,110.95 FY11 $107,516.94 FY12 $90,435.73 (excludes June 2012, we don’t have this information yet)