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Violence Takes a Toll at New Mexico Wackenhut Prison by Ronald Young The 1200-bed Lea County Correctional Facility (LCCF), a New Mexico state prison operated by Florida-based Wackenhut Corrections Corp., has been plagued by nine prisoner stabbings during its first six months of operation, including two that resulted in the …
Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal by The court of appeals for the Fifth Circuit has held that a prisoner who is subject to the three-strikes provision in the Prison Litigation Reform Act (PLRA) must show that he is under imminent …
Suicides Plague Florida Women's Prison by Alex Friedmann Florence Krell, a 40-year-old mother of two serving an 18-month sentence for grand theft after she failed to return her boyfriend's rental car, hanged herself from her cell door at the Jefferson Corr. Institution on October 11, 1998. She had been at …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Guard Raped, Entire Texas Prison System Locked Down by A female Texas Department of Corrections (TDC) prison guard was dragged into a cell, held hostage for two hours and sexually assaulted by a prisoner armed with an 8-inch piece of sharpened metal, according to several published news accounts. The French …
$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 …
Brief • May 11, 1999
In Re Northeast Ohio Correctional Center, OH, Memo Approving Class Action Settlement, Conditions of Confinement, 1999 ,t:,I ' • ., . '9 UNITED STATES D1STRJcr COURT NORTHERN I)JSTRJCT OF OHIO EASTER>'\' DIVISION IN RE: NORTHEAST 01110 CORJ~ECTIONALCENTER ) CASE NO. 4:97 CV 1995 ) ) ) JUDGE DAN AARON POLSTER …
Article • April 15, 1999 • from PLN April, 1999
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 …
$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 …
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 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 …
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 …
Article • April 15, 1999 • from PLN April, 1999
No Appeal Allowed in Louisiana Consent Decree Dissolution by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear an appeal to a district court ruling that dissolved virtually all consent decrees governing prisons and jails in the state of Louisiana because the plaintiffs did …
Article • March 15, 1999 • from PLN March, 1999
Book Review: Sensible Justice: Alternatives to Prison by Daniel Burton-Rose David C. Anderson The New Press, 182 pgs., $25.00 The programs David C. Anderson lauds in Sensible Justice are everything that alternatives to prison should not be. They stress the punitive over what could reintegrate an offender into society; the …
Wisconsin Resists Out-of-State Transfers by In October, 1996, Wisconsin's legislature granted the Department of Corrections (WDOC) authorization to house 700 prisoners in Texas County Jails. WDOC Secretary Michael Sullivan overcame the opposition to that first prisoner-export proposal by assuring the public that the crossborder option was merely a stop-gap measure …
Article • March 15, 1999 • from PLN March, 1999
Florida Nicotine Addiction Suit Settled by The cover story in the January, 1998, issue of PLN , "Smoking, Lies and Hypocrisy," by Paul Wright, mentioned the case of Thomas Waugh. Waugh, a Florida prisoner, had sued Florida prison officials for failing to provide him with any type of treatment to …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Consent Decrees Terminated Under PLRA by In two separate rulings, different federal district courts in Pennsylvania held the consent decree termination provisions of the PLRA to be constitutional and dissolved the decrees at issue. In the July, 1998, issue of PLN we reported Imprisoned Citizens Union v. Shapp, 977 …
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
Colorado Contraband Rule Requires Visitor Notice by The Colorado supreme court held that a state statute criminalizing the introduction of contraband into county jails was constitutional but affirmed dismissal of criminal charges because the jail failed to comply with the statute's notice requirements. Thomas Holmes, an attorney, was charged with …
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