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Article • May 15, 1998 • from PLN May, 1998
$60,000 Judgement Against Florida DOC Reinstated by James Quigley A Florida appellate court reversed a trial court order setting aside a jury verdict against the Florida Department of Corrections (DOC) and granting the DOC a new trial. The court directed the lower tribunal to reinstate the jury award of $60,000 …
Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …
Article • April 15, 1998 • from PLN April, 1998
Florida Prisoners Have Property Interest Under DOC Rules by A Florida appellate court held that Title 33 of the Florida Administrative Code, the rules of the Florida Department of Corrections (DOC), affords Florida state prisoners a vested right to possess property insofar as the property was authorized and the prisoner …
Article • April 15, 1998 • from PLN April, 1998
Even Nominal Damages May Justify Attorney Fee Award by The court of appeals for the seventh circuit held that a verdict of only $500 did not, by itself, justify a denial of an attorney fee award, even though the suit broke no new ground in law regarding police abuses. Although …
Article • April 15, 1998 • from PLN April, 1998
$450,000 Award in Sexual Assault Case Not Excessive by The court of appeals for the second circuit held that a $250,000 compensatory damage award against a county jail security director for sexually abusing a prisoner was not excessive. However, the court held that the $500,000 punitive damage award was, reducing …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
$225,000 Jury Award in CDC Shooting Affirmed by The court of appeals for the ninth circuit affirmed a jury award of $225,000 to a prisoner shot by guards, who then received inadequate medical care. The court rejected the defendants' argument that the eleventh amendment barred the damage award. Todd Ashker, …
Article • March 15, 1998 • from PLN March, 1998
Pelican Bay $600,000 Wrongful Death Settlement by California taxpayers coughed up another $600,000 to settle a use-of-force lawsuit at Pelican Bay State Prison. The biggest chunk of the award goes to the family of Jesse Castillo, who was shot and killed by guards while engaged in a fistfight on Pelican …
Article • March 15, 1998 • from PLN March, 1998
Pro Se Tips and Tactics by John Midgley By John Midgley In my last column, I began a discussion of summary judgment motions in prison cases, which I continue in this column. In prison cases, summary judgment motions are often made by defendants to try to get judgment without the …
Supervisors Liable for Excessive Force by The court of appeals for the eighth circuit affirmed an award of compensatory and punitive damages against a guard who beat a handcuffed and unresisting prisoner, the four guards who held the prisoner down during the attack, the lieutenant who supervised the beating and …
Article • March 15, 1998 • from PLN March, 1998
Tax Court Required to Assist in Witness Subpoena by The court of appeals for the ninth circuit held that a tax court's refusal to honor subpoenas filed by an indigent pro se prisoner litigant, without prepayment of the witness and mileage fees, violated the prisoner's right of access to the …
Article • March 15, 1998 • from PLN March, 1998
BOP Porn Ban Held Unconstitutional by In the March, 1997, issue of PLN we reported the September 30, 1996, enactment of the "Ensign Amendment," named after its author Nevada congressman John Ensign (R). The law was enacted as a rider to the federal government's massive budget bill. No hearings or …
Article • March 15, 1998 • from PLN March, 1998
Arizona Court Fee Law Upheld by Afederal district court in Arizona upheld the constitutionality of a state statute that requires prisoners to pay the full filing fee in state court actions they initiate. The Arizona legislature enacted A.R.S. § 12-306(c) and A.R.S. § 12-302(B) which eliminates the waiver of filing …
Article • March 15, 1998 • from PLN March, 1998
Class Action Certification Clarified by The court of appeals for the ninth circuit held that a district court erred when it dismissed as moot a jail detainee's lawsuit challenging conditions on a jail chain gang, before ruling on the plaintiff's motion for class certification. Timothy Wade filed a lawsuit seeking …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Article • March 15, 1998 • from PLN March, 1998
Zain Fallout Continues by Fred Zain was a crime lab serologist, who tested evidence for the West Virginia state police from 1979 to 1989, and was chief of serology his last five years. During that time Zain falsified evidence and testified about the results of tests he never performed. In …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
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