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Court Allows Silencing of Environmental Whistle-Blower by Paul Wright If a business near your home was dumping raw sewage into rivers and improperly storing toxic materials that contaminated your drinking water supply, would you want to know about it? Would you be grateful if an employee reported this to the …
Article • October 15, 1997 • from PLN October, 1997
Filing Fee Assessed in Dismissed Appeal by The court of appeals for the fifth circuit held that under the PLRA prisoner litigants remain responsible for appellate filing fees in cases where the appeal is eventually dismissed for lack of jurisdiction. The court held that under 28 U.S.C. § 1915(b)(1) prisoners …
Article • October 15, 1997 • from PLN October, 1997
Clemency Letter Ban Questioned by The court of appeals for the seventh circuit held that an Illinois Department of Corrections (DOC) policy prohibiting employees from writing directly to the Prisoner Review Board (PRB) on behalf of prisoners seeking clemency may be unconstitutional. Larry Shimer filed a petition for clemency and …
$5,000 Verdict for Snitch Jacketing Affirmed by The court of appeals for the tenth circuit affirmed a $5,000 judgment in favor of a jail prisoner who was assaulted after a guard told other prisoners he was a snitch. The court also affirmed an award of $93,649.61 in attorney fees and …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
Article • October 15, 1997 • from PLN October, 1997
Recent US Supreme Court Rulings of Interest: Court Access by The court struck down a Mississippi law that conditioned appeals in parental rights cases to prepayment of record preparation fees, with no provisions for indigents. The case involved a mother who lost parental rights, forever, to her two minor children …
LSC Ban on Funding Prison Litigation Enjoined by In the July, 1996, issue of PLN we reported passage of the 1996 federal budget. In addition to severe budget cuts for the Legal Services Corporation (LSC), a private non profit corporation that distributes government funds to independent legal programs around the …
Managed Care Infects Prison Health Services by by Adrian Lomax In September, 1996, Melody Bird complained to guards at Florida's Pinellas County Jail that she was experiencing severe chest pains and having trouble breathing. Nurses at the jail, finding no discernible blood pressure, concluded that Bird was suffering a heart …
Detainee Awarded $64,000 in Guard Attack by A federal district court in Iowa denied jail guards' motion for a new trial on a detainee's jury verdict awarding $64,000 in an excessive force suit. Jeffrey Schultz was arrested and booked into the Woodbury county jail. During the booking Schultz was shackled, …
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Article • September 15, 1997 • from PLN September, 1997
Sixth Circuit Explains PLRA Again by In the June, 1997, issue of PLN we reported In Re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997) where the chief judge of the sixth circuit issued an administrative order to guide judges in that circuit on how to implement the …
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before prisoners …
Consent Decrees Enforceable on Its Own Terms by The court of appeals for the seventh circuit held that a consent decree that incorporated state law requirements on prison officials did not violate the eleventh amendment and could be enforced on its own terms. In 1992 Indiana state prisoners filed suit …
Article • September 15, 1997 • from PLN September, 1997
Prisoners Held Beyond Release Date Sue by Four civil rights attorneys filed suit against Los Angeles County Sheriff Sherman Block and other officials for falsely imprisoning thousands of people each year by holding them beyond their scheduled release dates. "We intend to seek an injunction under the taxpayer action and …
Montana Paying for 1991 Prison Uprising by The state of Montana agreed to pay $60,000 to the parents of a prisoner killed during a 1991 uprising at the maximum security Deer Lodge prison. It was the second settlement among 13 state court cases filed against prison officials. In January 1995, …
Article • September 15, 1997 • from PLN September, 1997
Pro Se Tips and Tactics (Consent Decrees) by John Midgley What A Consent Decree Is This column discusses so-called "consent decrees" in prison cases. I briefly address the advantages of trying to get a consent decree in certain cases, and current issues regarding consent decrees. This column assumes that either …
Jail Assault Requires Trial by The court of appeals for the sixth circuit held that whether a prisoner's question to a guard about what would happen if he assaulted another prisoner, required a trial to determine if the guard was liable when the questioner then assaulted another prisoner. William Street …
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