Sixth Circuit: Second Filing Fee Not Required for Re-Filed Complaint Due to Failure to Exhaust by The Sixth Circuit Court of Appeals has reversed a Tennessee district court’s order of dismissal that erroneously considered a prison grievance procedure to be an available remedy for a prisoner’s classification-related complaint. The appellate …
Stick to Your Guns: Restoration of Tennessee "Firearm Rights" by David L. Raybin By David L. Raybin of Hollins, Wagster, Weatherly & Raybin, P.C. "When can I get my gun rights back now that I have finished serving my time?" Hopefully the client has the sense to even ask the …
Prison Legal News Prevails in Tennessee Public Records Suit Against CCA by Prison Legal News Prevails in Tennessee Public Records Suit Against CCA In 2002, the Tennessee Supreme Court ruled that a private company which performed services that were “functionally equivalent” to those provided by a public agency had to …
Battle v. Corrections Corp. of America et al, TN, Memo, inmate death medical, 2008 Battle v. Corrections Corp. of America et al Doc. 5 Dockets.Justia.com
Horton v. CCA, TN, Deposition - Gardner, whistleblower mentally ill segregation negligence, 2008 BRASWELL.HORTONV. CCA / DEPOOF BRIAN GARDNER SHEET 1 1 PAGE 3 PAGE 1 IN FOR THE THE DISTRICT COI]RT STATES DISTRICT OF TENNESSEE UNITED MIDDLE 2 1 A 2 For 3 4 MAP / BRASWE-L, as conservd-or …
Horton v. CCA, TN, Deposition - Perry, whistleblower mentally ill segregation negligence,2008 BRASWELL,HORTONV. CCA / DEPOOF PATRICKPERRY IN FOR - .-. I U PAGE 3 PAGE 1 SHEET 1 J IVHKI a of FRANK D. indiwidually, THE THE COURT DISTRTCT STATES DlSTRICT OF TENNESSEE UNITED MIDD]-E APPEARANCE 2 For the …
Prison Legal News Attends CCA Shareholder Meeting by Alex Friedmann Prison Legal News Attends CCA Shareholder Meeting by Alex Friedmann From 1992 to 1998, I served time at the South Central Correctional Center in Wayne County, Tennessee, which is operated by Corrections Corporation of America (CCA), the nation’s largest private …
Retaliation for Frivolous Litigation Okay by The plaintiff had three prior dismissals, disqualifying him from IFP status. The court directs that he pay the entire filing fee even though his complaint is dismissed as frivolous and IFP status is denied. An allegation of confinement to segregation or deprivation of minor …
BOP Prisoner States FTCA Claim for Carbon Monoxide Poisoning Stemming from Burning Prison by The plaintiff sustained carbon monoxide poisoning while locked down during a fire started during a riot. The Clinical Director ordered that he remain in the prison medical facility rather than be sent to a hospital. Six …
Prosecutorial Misconduct Claims Properly Brought as Post-Conviction Motion if Timely by Tennessee state prisoner Darrell Wentzel filed a pro se motion for review of his convictions after they were affirmed on direct appeal. His 2001 "motion for extraordinary relief" was treated as a post-conviction petition, and dismissed as statutorily time …
Justification Required for Denial Under Tennessee Public Records Act by Tennessee state prisoner J. Hickman appealed the Davidson County Chancery Court's dismissal of his pro se motion to obtain documents from the Tennessee Board of Probation and Parole (Board) pursuant to the state's Public Records Act (Act), Tenn. Code Ann. …
Felony Conviction Prevents Public Records Request by Tennessee Prisoner; Reversed by Tenn. Supreme Court Ruling by Tennessee state prisoner Stewart Pait appealed the dismissal of his action to compel the City of Gatlinburg and its Police Chief (defendants) to produce records concerning his criminal conviction. Only certain documents were produced, …
State Carries Burden of Justifying Nondisclosure of Documents Requested by Tenn. Felons by Tennessee state prisoner Jerry Cammuse appealed a court ruling denying his 1997 pro se request for documents pursuant to the state’s Public Records Act (PRA), Tenn. Code Ann. § 10 7 503(a). The trial court ruled that …
Tennessee DA Ordered to Produce Requested Documents to Prisoner Absent Statutory Exemption by Tennessee state prisoner Raymond Rutter appealed the 2003 dismissal of his action to compel District Attorney H. Greeley Wells, Jr. (DA), to produce documents he had requested pursuant to the state’s Public Records Act, Tenn. Code Ann. …
Remote Sex Conviction Cannot Support Sex Offender Treatment Condition by The Sixth Circuit Court of Appeals has held that a 17-year-old conviction was too remote in time to warrant a special supervised release condition mandating sex offender treatment, but left open whether a more recent stalking conviction warranted imposition of …
$100,000 Awarded Daughter Of Man Negligently Killed By Nashville Police by Tennessee resident Angela Rhodes, representing her daughter, Angela Denham, brought is against the Metropolitan Government of Davidson County after her father, James Denham, was accidentally shot and killed in 2005. The suit settled for a meager $100,000. James Denham …
Second-Degree Escape Considered Violent for ACCA Sentence Enhancement Purposes by Tennessee federal prisoner Collis Lancaster, Jr., appealed his sentence enhancement under the Armed Career Criminal Act (ACCA) after the court classified a prior second-degree escape in Kentucky as a violent offense. His sentence was affirmed because an escape was considered …
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
CCA Attempts Cover-Up of Assault by Warden at Tennessee Prison by Alex Friedmann Late last year, a prisoner at the CCA-operated Hardeman County Correctional Facility (HCCF) in Tennessee notified PLN that the prison’s warden, assistant warden and internal affairs officer had either resigned or been fired or transferred. The staff …
