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Washington DOC Costs Policy Enjoined by Past issues of PLN have reported the ongoing efforts by the Washington attorney general's office to intimidate prisoners who file civil rights suits. Part of this strategy has included seeking costs against prisoners who lose such suits then taking every last penny from the …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Article • January 15, 1996 • from PLN January, 1996
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
Article • December 15, 1995 • from PLN December, 1995
Prisoners Entitled to Rely on Marshalls for Service by The court of appeals for the sev enth circuit has extended prior rulings and held that state prisoners are entitled to rely on the Marshalls service to serve their lawsuits on prison officials. The Marshall's failure to properly serve prison officials …
RFRA TRO Granted by A federal district court in Arizona granted a Temporary Restraining Order (TRO) to an Arizona state prisoner who filed suit seeking relief for violation of his religious rights to a Kosher diet, to long hair, a colored head covering and to maintain a vow of poverty. …
Contract Physicians Entitled to Qualified Immunity by The court of appeals for the seventh circuit has held that physicians hired by a prison to provide medical care are entitled to qualified immunity when sued by prisoners. As more and more prison systems attempt to cut medical care costs by contracting …
Ohio Mental Health Decree Entered by A far reaching consent decree governing the delivery of mental health care to Ohio prisoners was entered on 10 July 1995. The consent decree resulted from a §1983 suit filed in 1993 and certified as a class action on June 7, 1995. The prisoner …
TRO Granted in Alaska Sex Offender Registration by Since 1990, when Washington state passed the Community Protection Act (CPA), many states have followed suit and copied its provisions. The Washington CPA is one of the most draconian laws of its type in the country concerning the registration and civil commitment …
Open Prison Barracks Unsafe by In the past fifteen years of massive prison expansion many prison systems have opted to build open dormitory type prison barracks because they are substantially cheaper to build than conventional cell blocks. There are inherent shortcomings in this type of prison design. The Connecticut DOC …
Iowa Crime Legislation by Michael Brant The 1995 Iowa legislature passed a new wave of bills that affect many Iowa prisoners and ex-prisoners. Among these new laws are: The refusal of the county treasurer to renew vehicle registrations if the person has unpaid delinquent restitution; the inmate hard labor law …
Article • December 15, 1995 • from PLN December, 1995
Washington Translation Suit Settled by Paul Wright On January 23, 1995, Judge William Dwyer, US District Court in Seattle, accepted a stipulated motion in Lopez v. Riveland, Case No. C93-1030WD, a wide ranging lawsuit which challenged the almost complete lack of translation facilities for non- English speaking prisoners in the …
No Change in Michigan Consent Decrees by For almost 20 years Michigan state prisoners have been embroiled in class action prison litigation designed to ensure constitutional conditions within the Michigan prison system. Despite entry of consent decrees, the Michigan DOC has constantly sought to terminate their legal obligations imposed under …
Article • December 15, 1995 • from PLN December, 1995
Jury Demand Must Be Timely by The court of appeals for the eleventh circuit, in a case of first impression for that circuit, held that the right to a jury trial is fundamental and reversed a bench trial ruling against a prisoner holding he should have received a jury trial. …
Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
Guard and Prisoner Get Damages in Beating Trial by A federal district court in New York entered a jury verdict in favor of a state prisoner who was beaten by prison guards, the court also ruled in favor of one of the guards who sued the prisoner out of events …
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