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Impregnated Arkansas Prisoner Wins Suit by An Arkansas state prisoner was awarded $120,000 after a jury heard her claim that she was impregnated by one guard and sexually harassed by another. The federal court jury found that Laura Berry's constitutional rights were violated by former guard Randall Reed and former …
Article • April 15, 1997 • from PLN April, 1997
Filed under: Medication, Mental Health
Drug Sales Boom in Wisconsin Prisons by One of every eight adult and juveniles in Wisconsin's prisons or reform schools are receiving psychotropic drugs for a mental disorder. According to Sharon Zunker, director of Wisconsin's Department of Corrections Bureau of Health Services, the cost of psychotropic drug treatment has grown …
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Article • March 15, 1997 • from PLN March, 1997
Execution Conflicts with Medical Ethics by David Nelson, a 51-year-old convicted murderer, was scheduled for execution in Alabama on December 8, 1996. A last-minute stay by the Alabama supreme court delayed the execution so that Nelson could donate a kidney to his brother, Louis Nelson, who lost a leg to …
Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …
New Triad by Pierre Duterte Some death row prisoners who have been executed attain celebrity. We have all heard about the Rosenbergs, Carryl Chessman's name comes to mind, Gary Gillmore also. But do you know Joseph Paul Jernigan? No? Come on, if I tell you CD-Rom disk ... Internet ... …
No Service on US Required for Bivens Claim in Work Injury Suit by The court of appeals for the ninth circuit held that plaintiffs suing federal officials solely in their individual capacities do not need to serve the complaint on the United States. John Vaccaro is a federal prisoner with …
Article • March 15, 1997 • from PLN March, 1997
No Immunity for Kidney Transplant Denial by The court of appeals for the ninth circuit held it lacked jurisdiction to hear prison doctors' interlocutory appeal that they were entitled to qualified immunity for denying a prisoner on dialysis a kidney transplant. Raymond Jackson, a California state prisoner, filed suit claiming …
Article • February 15, 1997 • from PLN February, 1997
Late Notice of Appeal Allowed by The court of appeals for the District of Columbia Circuit held that Fed.R.Civ.P. 4(a)(6) allows the late filing of a notice of appeal where the party misses a filing deadline through no fault of their own. Eduardo Benavides sued the Bureau of Prisons under …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • February 15, 1997 • from PLN February, 1997
Prison Health Report Issued by The National Institute of Justice, a branch of the Department of Justice, has published a 125 page booklet titled "Managing Prison Health Care and Costs." The book provides an overview of rising prison health care costs with national examples of various cost containment strategies. The …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
No Qualified Immunity for Private Prisons; Supreme Court Grants Review by The court of appeals for the sixth circuit held that guards employed by private, for profit prisons are not entitled to qualified immunity from suit. This is the first circuit court ruling to squarely address whether private prisons are …
Brief • December 19, 1996
Filed under: Injury -- Misc.
Debruyne v. WA DOC, WA, Complaint, Award Agreement, Head and Back Injuries, 1996 ~~LrJ\~!\\VII~la) -. . "-~ • • • 4o \ . , ,t ~\. OOVlt. " -A • ..... f..nORNEY·GENERAL'S O f = F I C E ,,-. TORT D\\!. - OlY. FILED ~ ! ! m:r, I …
No Immunity for Failure to Protect Prisoner from Violence by The court of appeals for the eighth circuit held that prisoners have a clearly established right to be protected from violence by other prisoners. The court also gave a detailed discussion of appellate jurisdiction in reviewing interlocutory appeals by prison …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Retroactively Applicable to Special Masters by A federal district court in California held that the Prison Litigation Reform Act's (PLRA) provisions limiting the source and amount of payment to special masters appointed to monitor compliance with court orders did not apply to special masters appointed prior to the …
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Court Okays Disclosure of AIDS Status by The court of appeals for the seventh circuit held that prison officials may casually disclose a prisoner's AIDS status to other prisoners and staff but that denying barber services is unconstitutional. Dennis Anderson was an Illinois state prisoner with AIDS. The prison warden …
Article • September 15, 1996 • from PLN September, 1996
Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
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