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Corcoran Shooting Death Suit Settled for $825,000
Article • May 15, 1999 • from PLN May, 1999
Filed under: Attorney Fee Awards, Excessive Force, Shootings, Damages, Settlements
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
New Jersey Porn Ban Struck Down
Article • May 15, 1999 • from PLN May, 1999
Filed under: Sex Offenders (Discrimination), Injunctions, Preliminary Injunctions/TRO's, Mail, Sexually Explicit Materials
New Jersey Porn Ban Struck Down by In two separate rulings a federal court in New Jersey held that a New Jersey statute prohibiting imprisoned sex offenders from receiving or possessing sexually oriented materials was unconstitutional. The two rulings consist of a preliminary injunction and a permanent injunction enjoining the …
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions
Article • May 15, 1999 • from PLN May, 1999
Filed under: Disabled Prisoners, Food, Eighth Amendment, Toilets, Bedding, Damages, Control Units/SHU/Solitary Confinement
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions by The Eighth Circuit court of appeals held that the administrative segregation prison conditions two paraplegic prisoners were subjected to were unconstitutional and upheld a total award of $4,000 in compensatory damages. Bobby Franklin Simmons and Ricky Lee Marshall (plaintiffs), two …
Michigan Department of Corrections Fined $300,000 in Contempt Case
Article • April 15, 1999 • from PLN April, 1999
Filed under: Gender Discrimination -- Women, Civil Procedure, Damages, Contempt (Civil Procedure)
Michigan Department of Corrections Fined $300,000 in Contempt Case by On July 23, 1998, a federal court in Michigan imposed contempt sanctions against the Michigan Department of Corrections for its failure to comply with previous court orders. This is the latest installment in the decades long suit filed by women …
PLRA Exhaustion Requirement Not Retroactive
Article • April 15, 1999 • from PLN April, 1999
Filed under: Ventilation, PLRA, Administrative Exhaustion (PLRA), Administrative Exhaustion
PLRA Exhaustion Requirement Not Retroactive by The court of appeals for the Ninth circuit held that the administrative remedies exhaustion provision of 42 U.S.C. § 1997e(a), as amended by the PLRA, does not apply retroactively to prisoner actions filed prior to its enactment date of April 26, 1996. The court …
PLRA Doesn't Ban Class Actions
Article • April 15, 1999 • from PLN April, 1999
Filed under: Prison/Common Area Searches, Excessive Force, Guard Brutality/Beatings, Class Certification
PLRA Doesn't Ban Class Actions by A federal district court in Georgia held that the Prison Litigation Reform Act (PLRA) does not ban class action suits by prisoners. In the October, 1998, issue of PLN we reported the Georgia DOC's settlement of a class action suit involving the beating and …
No Leave to Amend Complaint for IFP Litigants
Article • April 15, 1999 • from PLN April, 1999
Filed under: Filing Fees (PLRA), Complaints, Control Units/SHU/Solitary Confinement
No Leave to Amend Complaint for IFP Litigants by In an important procedural ruling, the court of appeals for the Ninth circuit held that the Prison Litigation Reform Act (PLRA) had overruled prior circuit rulings requiring that In Forma Pauperis (IFP) litigants be given an opportunity to amend their complaints …
BOP Violent Offender Notification Policy Overinclusive
Article • April 15, 1999 • from PLN April, 1999
Filed under: Classification, Disclosure of Records, Habeas Corpus
BOP Violent Offender Notification Policy Overinclusive by The court of appeals for the Third Circuit held that a conviction for simple possession of a weapon by a convicted felon is not a "crime of violence" within the scope of 18 U.S.C. section 4042(b), a law which requires federal prison officials …
Seizure of Trust Account Interest Violates Takings Clause
Article • April 15, 1999 • from PLN April, 1999
Filed under: Complaints, Money/Property, Seizure of Prisoner Funds, Interest
Seizure of Trust Account Interest Violates Takings Clause by The Court of Appeals for the Ninth Circuit held that prisoners possess a constitutionally protected property interest in the interest earned on prisoner trust accounts. The California Department of Corrections, (CDC), has established two separate types of trust accounts that prisoners …
Denial of Handicapped Jail Facilities Set for Trial
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disabled Prisoners, Medical, Medication, Juries, Premises Liability, Involuntary Treatment/Drugging
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
$250,000 FTCA Beating Judgment Reversed
Article • April 15, 1999 • from PLN April, 1999
Filed under: Nervous System, Injury -- Misc., Conditions of Confinement, Failure to Protect (General), Damages, Federal Tort Claims Act
$250,000 FTCA Beating Judgment Reversed by The court of appeals for the Eleventh Circuit held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the United States from liability for injuries sustained by a federal prisoner, as a result of an attack by another prisoner. A …
PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit
Article • April 15, 1999 • from PLN April, 1999
Filed under: PLRA, Filing Fees (PLRA), Appeals
PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915(a), which requires that prisoners ultimately pay all filing fee costs, applies retroactively to cases filed before the PLRA's enactment, if they are still …
Medical Care Unconstitutional in Puerto Rico Prisons
Article • April 15, 1999 • from PLN April, 1999
Filed under: Medical, HIV/AIDS, Systemic Medical Neglect, Staffing, Injunctions, Contempt (Civil Procedure)
Medical Care Unconstitutional in Puerto Rico Prisons by Medical Care Unconstitutional In Puerto Rico Prisons A federal court in Puerto Rico has held that the lack of medical care in the Puerto Rican prison system is unconstitutional. This is a class action under 42 U.S.C. § 1983 brought by Puerto …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
Article • April 15, 1999 • from PLN April, 1999
Filed under: Prisoner-Prisoner Assault, Snitch Jacketing, Overcrowding, Attorney Fee Awards, Attorney Fees (PLRA), Civil Procedure, New Trial Motions, Municipal Liability, Failure to Protect (Juveniles)
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
De Facto Ban on Live Testimony Unconstitutional
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disciplinary Hearings, Disciplinary Litigation, Witnesses (Disciplinary Hearings), Injunctions, Habeas Corpus
De Facto Ban on Live Testimony Unconstitutional by The court of appeals for the Seventh Circuit held that the Stateville (Illinois) Correctional Center policy of denying virtually all live witness testimony at prison disciplinary hearings, which could result in revocation of good-time credits, violates due process. However, the court vacated …
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing
Article • April 15, 1999 • from PLN April, 1999
Filed under: Discrimination, Sex Offenders (Discrimination), Disclosure of Records, Parole
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing by Oregon "Predatory Sex Offender" Label Requires Notice and Hearing The Oregon Supreme Court ruled that due process requires that Oregon sex offenders receive notice and an evidentiary hearing before the Board of Parole and Post-Prison Supervision (Board) may designate them …
Illegal Detention Violates Substantive Due Process
Article • April 15, 1999 • from PLN April, 1999
Filed under: Civil Procedure, State Law Claims, Wrongful Imprisonment, Qualified Immunity, Supervisory Liability, Municipal Liability
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …
Jury Awards $8,000 in California Prison Assault
Article • April 15, 1999 • from PLN April, 1999
Filed under: Gang Policies, Conditions of Confinement, Failure to Protect (General), Damages
Jury Awards $8,000 in California Prison Assault by On November 23, 1998, a federal jury in Sacramento, California, awarded state prisoner Johnny Garcia $8,000 in damages stemming from a prison assault. On January 3, 1994, Garcia (a member of the Northern Mexican prison gang, AKA Norteño) was placed in administrative …
Seventh Circuit Defines Court Access Claims Involving Property
Article • April 15, 1999 • from PLN April, 1999
Filed under: Court Access, Legal Property, Damages, Injunctions, Complaints, Prisoner Property
Seventh Circuit Defines Court Access Claims Involving Property by The court of appeals for the Seventh circuit held that prisoners cannot base court access claims on the loss of property unless that loss results in an ongoing hindrance or actual injury to an underlying claim. The court also discussed pleading …
Failure to Give Summary Judgement Notice is Reversible Error
Article • April 15, 1999 • from PLN April, 1999
Filed under: Medical, HIV/AIDS, Summary Judgment
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
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