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Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
Article • October 15, 1998 • from PLN October, 1998
FRCP 12(b)(6) Standard Applied to PLRA Dismissals by The court of appeals for the Fifth circuit held that district court dismissals of prisoner lawsuits for failure to state a claim under 42 U.S.C. § 1997e(c) are subject to de novo review on appeal under the Federal Rules of Civil Procedure …
Failure to Protect in Prison Fight Violates 8th Amendment by Failure To Protect In Prison Fight Violates 8th Amendment In 1994, the duty of guards to protect prisoners in prison fights was clearly established by Farmer v. Brennan, 511 U.S. 825 (1994) according to a federal district court in Texas. …
FL DOC Violates Individuals with Disabilities Education Act by Afederal district court in Florida held that § 944.801(4), Fla. Stat. (1997), which permits prisoners under 22 years of age, who qualify for special educational services and programs pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415, …
Article • October 15, 1998 • from PLN October, 1998
Prisoner Attendance at Depositions Discussed by The court of appeals for the Sixth circuit held that a district court erred when it issued an order permitting a prisoner plaintiff to attend the pretrial deposition of prison officials conducted by his lawyer. In doing so, the court set forth standards lower …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
Article • October 15, 1998 • from PLN October, 1998
California Lifers Covered by Tolling Statute by The court of appeals for the Ninth circuit held that California prisoners serving sentences of life with the possibility of parole fall within California Civil Procedure Code § 352(a)(3), which tolls the statute of limitations for persons "in execution under the sentence of …
Trial Required in New Jersey Diabetic Care Suit by Afederal district court denied New Jersey prison authorities their motion for summary judgment against diabetic prisoners' class action suit under 42 USC § 1983. The prisoners' complaint was that the medical care provided by the Adult Diagnostic and Treatment Center (ADTC) …
Article • October 15, 1998 • from PLN October, 1998
The Buck Stops Where? by Alex Friedmann When Georgia prisoner Stanley Reed filed a federal habeas petition in January 1997 he probably didn't expect the response he received: The warden refused to answer the petition, raising the possibility that Reed might be released by default. The reason? Reed, although a …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
Article • October 15, 1998 • from PLN October, 1998
Utah Porn Ban Rescinded; Suit Settled by In 1997 Utah prison officials wrote a policy which prohibited prisoners in that state from ordering, receiving or possessing any written or printed materials that contained "sexually explicit materials." The policy also prohibited prisoners from receiving or possessing any written or printed materials …
No Immunity for Abestos Exposure; Toxic Water Claim Remanded by The court of appeals for the second circuit held that prison officials are not entitled to qualified immunity for exposing a prisoner to airborne asbestos. The court also held that a prisoner plaintiff was entitled to present evidence that a …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Fee Payment Orders Not Immediately Appealable by Fee Payment Orders Not Immediately Appealable: The court of appeals for the Fifth Circuit held that district court orders requiring partial payment of filing fees under the PLRA cannot be appealed prior to the entry of final judgment. Kirk Thompson, a Texas state …
Article • September 15, 1998 • from PLN September, 1998
Publications Lawsuit Settled in Alabama by Cayce Moore On February 28, 1998, U.S. district judge U.W. Clemon approved the final settlement in a lawsuit challenging a year of blanket censorship at Donaldson Correctional Facility (DCF), Alabama's highest security prison. In March, 1997, DCF warden Steve Dees implemented a policy that …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
Bivens Action is Not Time Barred When in Compliance With Rule 3 by Afederal court of appeals reversed a district court's dismissal of a wrongful death complaint filed by the mother of a federal prisoner, Shelia Moore. Moore was put in an administrative segregation cell on suspicion of taking an …
Article • September 15, 1998 • from PLN September, 1998
Court Refunds PLRA Deferred Fee Overpayment by A federal court in Illinois has held that neither prison officials nor the courts have the statutory authority to take more than 20% of a prisoner's monthly income to satisfy deferred filing fees under the PLRA. James Higgason, an Illinois prisoner, filed suit …
Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
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