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Brief • December 11, 1998
Catalyst, PLN, Piper v. Box Elder Co., et al., UT, Settlement, censorship, 1998
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
No Qualified Immunity for Private Health Care Provider by Afederal district court in Florida denied qualified immunity to a private provider of health care services to a county jail. Health care personnel failed to give a prisoner with a history of heart attacks her heart medication and ignored her complaints …
Article • November 15, 1998 • from PLN November, 1998
D.C. Smoking Injunction Reversed by In the December, 1997, issue of PLN we reported Crowder v. District of Columbia , 959 F. Supp. 6 (D DC 1997), where a district court in the District of Columbia (D.C.) issued an injunction requiring that three prisoners in the D.C. prison system not …
Hawaii Prisoners Challenge 'Sex Offender' Label by Hawaii prisoners labeled as "sex offenders" and ordered to participate in a sex offender treatment program as a pre-condition of parole eligibility have a protected liberty interest in receiving minimal due process before being thus labeled. In 1992, Hawaii enacted a law authorizing …
Article • November 15, 1998 • from PLN November, 1998
$28,719 Assessed Against Pro Se Litigant by Afederal district court in Virginia assessed $28,719.25 in defendants' attorney fees against an unsuccessful pro se prisoner litigant but declined to impose Rule 11 sanctions. John McGlothlin, a Virginia state prisoner, filed suit claiming violation of his right to the free exercise of …
Filing • November 6, 1998
Catalyst, PLN, Piper v. Box Elder Co., et al., UT, Complaint, censorship, 1998
Brief • November 6, 1998
Catalyst, PLN, Piper v. Box Elder Co., et al., UT, Complaint, censorship, 1998
Article • October 15, 1998 • from PLN October, 1998
Ohio Sells Prison Records by The state of Ohio has sold its state prison records, dating back to 1972, to the on-line information service Lexis-Nexis. Other states are expected to follow. Lexis-Nexis is a private on-line computer service that provides news, business and legal information. The service also features on-line …
Article • October 15, 1998 • from PLN October, 1998
New Trial After Magistrate Conducts Jury Selection by The court of appeals for the Eleventh circuit held that a magistrate presiding over jury selection, when the plaintiff objects, constitutes reversible error and is not subject to a harmless error analysis. Albert Thomas, a Georgia state prisoner, sued state prison officials. …
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …
Article • October 15, 1998 • from PLN October, 1998
Maryland Indigent Court Cost Suit Settled by On July 1, 1997, U.S. district court judge Marvin Garbis approved the settlement of a class action suit involving the collection of previously waived indigent court costs. In 1991 the Maryland legislature enacted a Budget Reconciliation Act, 1991 Md. Laws, Ch. 3, § …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
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. …
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