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Article • April 15, 1996 • from PLN April, 1996
Jury Not Waived in "Doubtful Situation" by The fifth circuit court of appeals held that a plaintiff's right to a jury trial is not waived unless the plaintiff was clearly informed that an evidentiary hearing before a magistrate would constitute a trial. Darrell McAfee, a Texas state prisoner, filed suit …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
RFRA Applies to Retaliation Claims by A federal district court in Colorado has held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) applies to prisoners' retaliation claims. John Hall, a Colorado state prisoner, filed suit under the RFRA and § 1983 claiming prison officials retaliated against him …
Contempt Ruling Against LA Prisoncrats by U.S. district judge Frank Polozola ruled that Louisiana Secretary of Corrections Richard Stalder and Angola Warden Burl Cain be held in contempt. He ordered them each to contribute $1,000 to a victim compensation fund. Stalder, Cain, other wardens, assistant wardens and assorted prisoncrats were …
Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …
Article • March 15, 1996 • from PLN March, 1996
Attorney Fees for Consent Decree Enforcement by The ninth circuit court of appeals partially reversed a district court ruling that use of 37mm gas guns was not appropriate for use on mentally ill prisoners and it affirmed an award of some $200,000 in attorney fees in monitoring a consent decree …
Article • March 15, 1996 • from PLN March, 1996
Transexuals Entitled to Treatment by The court of appeals for the tenth circuit has held that transsexual prisoners state a cause of action under the eighth amendment when they are not provided with any medical treatment by prison officials. The court also held that parties must be given notice when …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …
Article • March 15, 1996 • from PLN March, 1996
Law on Retaliation Clearly Established in 2nd Circuit by The court of appeals for the second circuit ruled that in 1990 the law in that circuit forbidding retaliation against prisoners who file grievances was clearly established and prison officials were not entitled to qualified immunity from money damages. The court …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Private Prisons Get Qualified Immunity by As the number of privately run, for profit, prisons grows, so too will litigation involving them. There is little case law involving private prisons. In this case a federal district court held that employees of a prison (run by the Wackenhut Corporation) in Louisiana …
Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Article • February 15, 1996 • from PLN February, 1996
Alaska Overcrowding Fines Increase by In the November 1995, issue of PLN we reported on prison overcrowding in Alaska. In 1981 Alaska prisoners filed a class action suit challenging overcrowding and conditions in the prison system. The prisoners won most of the suit, the key aspect was a court ordered …
Jury Awards $39,000 in Texas Scalding by On September 21, 1995, a federal jury in Houston awarded Texas state prisoner Roland Rudd $39,000 in damages against prison guards Robert Bergeron and Leonardo Herrera. The jury found that the Bergeron splashed a pitcher of hot coffee on Rudd's face and refused …
Article • February 15, 1996 • from PLN February, 1996
Partial Filing Fee Allowed by The ninth circuit explicitly reaffirmed prior rulings which permit the district courts to collect a partial filing fee from prisoner litigants. Two California state prisoners sought to file § 1983 lawsuits in federal court. Both requested permission to proceed in forma pauperis, without paying the …
Fifth Circuit to Require Administrative Exhaustion by In two separate rulings the fifth circuit affirmed dismissal of prisoners' section 1983 suits for failure to exhaust administrative remedies (i.e. the prison grievance procedure). In doing so, the court significantly expanded previous supreme court rulings that had held such exhaustion could only …
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