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Article • June 15, 1996 • from PLN June, 1996
$5 Million Awarded in New York Prison Stabbing by In December, 1995, a jury in the New York state court of claims awarded former prisoner Anthony Barrett $5,180,645 in damages for pain and suffering, lost income and expenses. In 1987 Barrett was left paralyzed after being stabbed in the back …
Ninth Circuit Revisits Attorney Fees by The court of appeals for the ninth circuit has again held that attorney fee awards under 42 U.S.C. § 1988 should be awarded by district courts based on the relief achieved by the prevailing party. Institutional reform litigation by its nature is a long, …
Chemical Toilets May Violate Eighth Amendment in Massachusetts Class Action by A federal district court in Massachusetts has set for trial a class action suit by state prisoners claiming that chemical toilets pose a health hazard that violates the eighth amendment's ban on cruel and unusual punishment. Also to be …
Brief • June 14, 1996
Goldsmith v. Dean, VT, Settlement Agreement, Failure to Protect, 1996 State of Vermont OFFICE OF THE ATTORNEY GENERAL HUMAN SERVICES DIVISION 103 South Main Street Waterbury, Vermont 05671-0701 Fax: (802) 241-2736 June 14, 1996 Allen F. Breed P.O. Box 698 San Andreas, California 95249 Re: Goldsmith v. Dean Settlement Agreement …
Brief • June 11, 1996
Goldsmith v. Dean, VT, Order, Failure to Protect, 1996 Goldsmith v. Dean PC-VT-001-003 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT -WJ c-. Robert Goldsmith, et al., Plaintiffs, Civil Action No.""> 2:93-CV-383 f v. Howard Dean, et al., Defendants. ORDER AND NOW, this 10th day of June. 1996, upon …
Lucas v. White, CA, Complaint, Abuse of Inmates, 1996 1 2 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 DONNA PETRINE - 154833 M.J. TONY PAIKEDAY - 176051 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 3 4 5 LAW OFFICES OF GERI L. GREEN …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Article • May 15, 1996 • from PLN May, 1996
USP Atlanta Locked Down by Prisoners at U.S.P. Atlanta are now on lockdown and are seeking assistance of counsel - pro bono - to represent their interests in litigation against the BOP and warden Willie Scott. On Thursday, January 18, 1996, a guard working in the education department was stabbed …
Article • May 15, 1996 • from PLN May, 1996
Denial of Bed Linen States Claim by A federal district court in New York held that denying a prisoner blankets and bed linen while in segregation stated a claim for an eighth amendment violation. Keith Macguire, a New York state prisoner, filed suit claiming he was subjected to verbal abuse …
Article • May 15, 1996 • from PLN May, 1996
Bad Apples in Florida DOC by Kenneth Smith, fired from four separate Florida prisons, exemplifies a problem the Florida DOC has: keeping "bad apples" out of the barrel. Smith was fired from prisons for repeatedly violating prison rules, drunken driving, and a criminal conviction for resisting arrest, yet always managed …
Article • May 15, 1996 • from PLN May, 1996
VitaPro Fraud Scheme Unveiled in Texas by Texas state prison officials have asked a judge to nullify an agreement to purchase $33.6 million worth of VitaPro, a soy-based food product, saying the Texas Department of Criminal Justice (TDCJ) had no authority to sign such a contract. Under the deal between …
Arizona Death Row Chain Gang Problems by In December, 1995, Arizona's governor Fife Symington launched a program placing death row prisoners on a chain gang working in the prison's vegetable garden [Reported in the March '96 issue of PLN]. According to an Arizona newspaper report there have been two violent …
Sexual Assault During Search Illegal by The court of appeals for the eighth circuit held that a guard who sexually harasses and assaults a prisoner during a strip search violates the fourth amendment. The court rejected the guard's defense that he was not a "state actor" for § 1983 purposes …
Brief • May 7, 1996
Martin v. Pataki, NY, Order, Green Haven Correctional Facility Photographs PO, 1996 09/04/03 THU 17:19 FAX 212 450 5588 DPW 28-60 141010 ···: .·· .:( GEORGE E. PATAKI, GOVERNOR NEW YORK STATE, PHILIP COOMBE, JR., ACTING COMMISSIONER OF NEW YORK STATES DEPARTMENT OF CORRECTIONAL SERVICE, RONALD F. NELSON, DEPUTY SUPERIN­ …
Brief • April 25, 1996
Van Wijk v. State of Washington, WA, Complaint, Negligence Rape Victim, 1996 RECE1"l.ED - 1 '" I<ir.g CCiur~,. SUQ'lrior C~I.n C:tllk's Office -. ' - ... . , 2 Cl ARLES V. JOHNSGi·~ . APR 2, 5 1996 ' 3 ~~;"i-. ~~'":",,, .." ..\:",,, r... Q~.,,·l·;~ .'-i', IN THE SUPERIOR …
Article • April 15, 1996 • from PLN April, 1996
Fourth Circuit Rules on IFP Statute, Again by In the July, 1995, issue of PLN we reported Nasim v. Warden, Maryland House of Correction, 42 F.3d 1472 (4th Cir. 1995) in which the fourth circuit court of appeals reversed a district court's dismissal of a prisoners' § 1983 suit as …
Article • April 15, 1996 • from PLN April, 1996
Michigan Consent Decree Not Changed by It seems that not a year goes by where PLN does not report at least two or three rulings concerning the ongoing effort by the Michigan DOC to vacate the various consent decrees it entered into with prisoners to settle various conditions lawsuits in …
Article • April 15, 1996 • from PLN April, 1996
Georgia Prisons Enter Dark Ages by According to a PLN reader in Georgia, "Our ex-[Prisons] Commissioner, Dr. Allen Ault, got into a battle with Zig-Zag Zell Miller [Georgia's Governor]. Miller ordered him to cut-off TV's and phones during the day, cut the phone time to 10-minutes per call, and take …
Article • April 15, 1996 • from PLN April, 1996
Pelican Bay Psychiatrists Resign in Protest by In the August '95 issue of PLN we reported Madrid v. Gomez, the suit challenging conditions at the Pelican Bay State Prison in Crescent City, CA. Federal district court judge, Thelton Henderson, ordered the California Department of Corrections (CDC) to implement significant improvements …
Genital Groping States Claim by A federal district court in New York held that a prisoner's allegations of sexual harassment state a claim for a violation of the eighth amendment. Julio Hunt, a New York state prisoner, filed suit claiming that he had his penis and testicles squeezed and rubbed …
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