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Court Reduces Jury Award in Beating Suit by A federal district court in New York entered a jury verdict awarding compensatory and punitive damages to a prisoner beaten and tranquilized by guards, it then reduced the punitive damage award. Donovan Blissett, a New York state prisoner, filed suit claiming his …
Article • August 15, 1997 • from PLN August, 1997
PLRA 'Physical Injury' Requirement Affirmed by In the first published case on this issue, a federal district court in Indiana held that a provision of the Prison Litigation Reform Act (PLRA), requiring "physical injury" before a prisoner's lawsuit can proceed, mandated dismissal of prisoners' claim that they were exposed to …
Retaliation Verdict Reversed by In the February, 1996, issue of PLN we reported Sisneros v. Nix, 884 F. Supp. 1313 (D IA 1995), where a district court in Iowa awarded a prisoner $7,639.70 in damages after finding the prisoner had been subjected to a retaliatory prison transfer after filing suit …
Administrative Exhaustion Required for Disc. Habeas by The court of appeals for the third circuit held that federal prisoners who challenge disciplinary hearings via habeas corpus must first exhaust their administrative remedies within the Bureau of Prisons (BOP) and failure to do so will result in procedural default. Phillip Moscato, …
Article • August 15, 1997 • from PLN August, 1997
District Courts Responsible for PLRA Appeal Fees by The court of appeals for the fifth circuit held that a district court erred when it refused to rule on a prisoner's motion to proceed on appeal with In Forma Pauperis (IFP) status, i.e., without pre-paying the filing fees. Prisoners seeking "to …
AA Probation Requirement Violates Establishment Clause by The court of appeals for the second circuit affirmed a lower court ruling that a probation condition requiring an atheist probationer to attend Alcoholics Anonymous (AA) meetings violated the establishment clause of the first amendment. In the July, 1995, issue of PLN we …
Article • August 15, 1997 • from PLN August, 1997
Res Judicata No Bar to Damages in Illegal Sentence by In the May and July, 1995, issues of PLN we reported Rooding v. Peters, 876 F. Supp. 946 (ND IL 1994) in which a district court held that res judicata prevented a prisoner from filing suit in federal court for …
Article • August 15, 1997 • from PLN August, 1997
North Carolina Population Limit Modification Affirmed by The court of appeals for the fourth circuit affirmed modification of a consent decree that governed conditions in North Carolina state prisons. In the February, 1995, issue of PLN we reported Small v. Hunt, 858 F. Supp. 510 (ED NC 1994) which modified …
Washington Cost Bill PI Vacated by In the February, 1996, issue of PLN we reported Richey v. Nerup, the unpublished ruling by federal judge Quakenbush in Spokane, WA who entered a Preliminary Injunction (PI) on September 14, 1995, enjoining the Washington DOC from seizing funds from prisoner litigants assessed cost …
Article • August 15, 1997 • from PLN August, 1997
Utah Supreme Court Vacates Damage Reduction in Prison Suit by The Utah supreme court held that prisoners can sue for money damages for violation of their state constitutional rights, a landmark ruling for Utah prisoners. Roger Bott, a Utah state prisoner, sought medical care when he began experiencing vision problems. …
Failure to Treat Broken Hand States Claim by A federal district court in Illinois held that prison doctors' failure to treat a broken hand for nine days stated an eighth amendment claim and an Illinois state law requiring that an affidavit be filed in medical malpractice cases did not apply …
Habeas and 1983 Remedy for Disciplinary Hearings Discussed by The court of appeals for the seventh circuit discussed the application of habeas corpus and section 1983 challenges to prison disciplinary hearings. This is an extremely convoluted and confusing ruling, which the court acknowledged at the outset by noting that the …
Article • August 15, 1997 • from PLN August, 1997
Michigan DOC Held in Contempt in Court Access Case by A federal district court in Michigan found the Michigan DOC to be in contempt of previous court orders and a consent decree governing court access and programming opportunities for women prisoners. The case began as a class action suit filed …
Medical Malpractice Instruction Warranted in Eighth Amendment Suit by The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit …
Article • August 15, 1997 • from PLN August, 1997
Kansas Ad Seg Hearing Required by The supreme court of Kansas held that a prisoner was entitled to a hearing to determine if three years in administrative segregation (ad seg) has become a prohibited punishment. Rodney Murphy, a Kansas state prisoner, was placed in ad seg in 1993 for investigation …
Lucasville Uprising: $4.1 Million Settlement by In January, 1997, a settlement was filed in federal court in the three-year-old class action based on injuries stemming from the 1993 Easter Day uprising and 11-day siege at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The settlement establishes a $4.1 million …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Article • July 15, 1997 • from PLN July, 1997
Special Masters by The court of appeals for the ninth circuit held that 18 U.S.C. § 3626(f)(4), the portion of the PLRA which limits the hourly rates paid to special masters appointed to oversee court orders in prison litigation to $75.00 an hour paid for by the federal judiciary, does …
Article • July 15, 1997 • from PLN July, 1997
Filing Fees Required in Civil Mandamus by The court of appeals for the tenth circuit held that the PLRA's filing fee requirements apply when a prisoner litigant seeks a writ of mandamus in an ongoing civil suit. The court did not discuss whether this applied to writs of mandamus in …
Article • July 15, 1997 • from PLN July, 1997
State Must Pay for Prisoner Witnesses by A federal district court in California held that courts may issue writs of habeas corpus ad testificandum to ensure prisoner witnesses are produced to testify in court on behalf of a prisoner plaintiff. The court also held that the cost of transporting and …
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