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Jordan v. Pugh, CO., Opinoin - BOP Regulations re Prisoners Publishing Under Bylines, 2005
Brief • September 21, 2005
Filed under: Disclosure of Records, First Amendment, First Amendment, rights
Jordan v. Pugh, CO., Opinoin - BOP Regulations re Prisoners Publishing Under Bylines, 2005 425 F.3d 820 Mark JORDAN, Plaintiff-Appellant, v. Michael V. PUGH, Warden, ADX, Florence, Colo.; J. York, S.I.S. Technician, ADX; R.E. DERR, Case Manager, ADX; B. Sellers, S.I.S. Technician, ADX; and Stanley Rowlett, Unit Manager, ADX, Defendants-Appellees. …
Colorado Teenagers Raped By Guards Settle For $165,000 Each
Article • August 15, 2005 • from PLN August, 2005
Filed under: Staff-Prisoner Assault, Staff-Prisoner Harassment, Misconduct/Corruption, Guard Misconduct, Threats by Staff, DOC/BOP misconduct, Retaliation for Litigating, Whistleblowing, Criminal Prosecution, Conspiracy, Settlements, Supervisory Liability, Failure to Train/Supervise, Hiring Liability, Failure to Protect (Juveniles), Juvenile Prisons
Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby In August 2004, two teenage girls raped by guards at a Colorado juvenile prison settled their lawsuits for $165,000 apiece. Both girls had been imprisoned at the Youthful Offender System (YOS), which is operated by the Colorado Department …
Audit Finds Colorado DOC Loses Large Quantities of Drugs
Article • June 15, 2005 • from PLN June, 2005
Filed under: Misconduct/Corruption, Medical Misconduct, Medication
Audit Finds Colorado DOC Loses Large Quantities of Drugs by by Matthew T. Clarke A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system. …
Starved for Attention How do you break a high-security hunger strike? Put a lid on it.
Article • June 15, 2005 • from PLN June, 2005
Filed under: Hunger Strikes, Control Units/SHU/Solitary Confinement, Access to Media
Starved for Attention How do you break a high-security hunger strike? Put a lid on it. by by Alan Prendergast Prisoners who joined in a hunger strike at the Colorado State Penitentiary from January 15-26, 2005, were hoping their protest would attract a media feeding frenzy -- and put pressure …
Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees
Article • June 15, 2005 • from PLN June, 2005
Filed under: Mail, Publications/Books, Sexually Explicit Materials, Due Process
Colorado Settles Mail Censorship Lawsuit with Due Process Guarantees by by Bob Williams Guaranteeing due process, training, and a centralized review committee for appeals, the Colorado Department of Corrections (CDOC) has settled a 2000 lawsuit brought by publishers and prisoners challenging a system-wide practice of unconstitutional censorship. The 42 U.S.C. …
PLN's ADX Censorship Suit Partially Survives Motion to Dismiss
Article • April 15, 2005 • from PLN April, 2005
Filed under: Limitations, Mootness, Qualified Immunity, Sovereign Immunity, Publications/Books, Media, PLN Litigation
PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by PLN's ADX Censorship Suit Partially Survives Motion to Dismiss by Bob Williams On November 12, 2004, Colorado Federal District Court Judge Wiley Daniel dismissed all official capacity claims, one defendant, and one substantive claim in PLN's suit over ADX censorship …
Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies
Article • January 15, 2005 • from PLN January, 2005
Filed under: Classification, Out of State Transfers, Corrections Corporation of America/CoreCivic, Contractor Misconduct, Guard Misconduct, Prison Rebellion, Escapes
Uprisings at CCA Prisons Reveal Weaknesses in Out-of-State Imprisonment Policies by by Matthew T. Clarke States strapped by tight budgets and pressed by a swell of prisoners are faced with the Hobson's choice of releasing prisoners early to ease overcrowding or building prisons they can ill afford to construct and …
Colorado DOC Report: CCA At Fault for Crowley Uprising
Article • January 15, 2005 • from PLN January, 2005
Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, Contractor Misconduct, Reviews, Prison Rebellion
Colorado DOC Report: CCA At Fault for Crowley Uprising by by Matthew T. Clarke On October 12, 2004, the Colorado Department of Corrections (DOC) issued an extensive, 179-page After Action Report on the July 20, 2004, riot at the Crowley County Correctional Facility (CCCF) which is run by Corrections Corporation …
Cowboy Justice: BOP Guards Convicted
Article • November 15, 2004 • from PLN November, 2004
Filed under: Staff-Prisoner Assault, Guard Misconduct, DOC/BOP misconduct, Retaliation for Litigating, Crime/Demographics, Criminal Prosecution, Guard Brutality/Beatings, Guard Unions
Cowboy Justice: BOP Guards Convicted by Alan Pendergast by Alan Prendergast The seven men sat around the defense table Tuesday afternoon, June 24, 2003, murmuring quietly to each other and exchanging hearty good-luck handshakes with their attorneys. The tension was thick, anticipation high. Shortly after 4 p.m., the jurors filed …
$10,000 Awarded in Colorado Magazine Confiscation
Article • September 15, 2004 • from PLN September, 2004
Filed under: Retaliation for Filing Grievances, Disciplinary Litigation, Mail, Publications/Books, Sexually Explicit Materials, Legal Mail
$10,000 Awarded in Colorado Magazine Confiscation by Bob Williams A Denver Federal Judge has awarded $10,000 plus costs and attorney fees to a state prisoner whose sexually explicit magazines were confiscated for content reasons. Michael Milligan, a prisoner in the Colorado Department of Corrections (CDOC), was transferred without warning from …
Complaints Amended to Change John Doe Defendants' Names Don't Relate Back
Article • September 15, 2004 • from PLN September, 2004
Filed under: Injury -- Misc., Guard Brutality/Beatings, Civil Procedure, Complaints, Parties, Limitations, Discovery
Complaints Amended to Change John Doe Defendants' Names Don't Relate Back by by Matthew T. Clarke The Tenth Circuit court of appeals held that an amended complaint filed to change the names of John Doe defendants did not related back to the original complaint for statute of limitations purposes. The …
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion
Article • August 15, 2004 • from PLN August, 2004
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Defenses, Complaints, Prisoner Property
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …
Adams v. CCA, CO, Exhibits Part 1 Plfs Interviews, Prisoner Riot, 2004
Brief • August 13, 2004
Filed under: Corrections Corporation of America/CoreCivic, Prison Rebellion, Failure to Protect (General), Guard Brutality/Beatings, Disclosure of Records, Witnesses, Failure to Train/Supervise
Adams v. CCA, CO, Exhibits Part 1 Plfs Interviews, Prisoner Riot, 2004 EXHIBIT C_ Part one PARTIAL LIST OIG/CCA INTERVIEWS OF PLAINTIFFS Name Bate Number Sean Andrews Kevin Drum Tommy Romero Carl Yens Jared Adams Oto Fanoali (Fanoali Oto) Roy Gibbens Jay Silva Gerard Glieforst Jeremy Willison Brian Skinner Robert …
Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned
Article • June 15, 2004 • from PLN June, 2004
Filed under: Political Prisoners, Control Units/SHU/Solitary Confinement
Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams The United States PenitentiaryAdministrative Maximum Facility goes by many names: ADX, Supermax, Alcatraz of the Rockies. It has been the …
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction.
Article • June 15, 2004 • from PLN June, 2004
Filed under: Classification, Sex Offenders (Discrimination), Good Time
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed
Article • May 15, 2004 • from PLN May, 2004
Filed under: Esmor/CSC, Food, Civil Procedure, Parties, Discovery, Sanctions, Depositions
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Jailhouse Snitch Enlisted in War on Terrorism Behind Bars
Article • May 15, 2004 • from PLN May, 2004
Filed under: Political Prisoners, Gang Policies, Crime/Demographics, Criminal Prosecution, Informants
Jailhouse Snitch Enlisted in War on Terrorism Behind Bars by Bob Williams Scott Lee Martin couldn't help himself. After a decade locked up in a half-dozen federal prisons where snitches, rats, informantsor whatever the regional prison slang calls those who tell on othersare detested, spat upon, beaten, even killed for …
$50,000 HCV Settlement and New Treatment Protocol Approved in Colorado
Article • May 15, 2004 • from PLN May, 2004
Filed under: Medical, Hepatitis
$50,000 HCV Settlement and New Treatment Protocol Approved in Colorado by Bob Williams $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado by Bob Williams The federal district court in Colorado has approved a settlement awarding $50,000 and treatment for hepatitis-C (HCV) infection to six named plaintiffs. The Colorado …
Colorado Slammed by West Nile Virus But Ignores Prisoners
Article • May 15, 2004 • from PLN May, 2004
Filed under: Prison Labor, Medical
Colorado Slammed by West Nile Virus But Ignores Prisoners by Bob Williams Loren Gasiorowski, 41, awoke one morning with a big mosquito bite on his forearm and one on his shoulder. Within days he couldn't leave his cell. After being sick for two weeks he couldn't take it any more. …
Third-Party Beneficiaries Can Enforce Terms of Settlement
Article • May 15, 2004 • from PLN May, 2004
Filed under: Settlements, Standing, Appeals, Consent Decrees, Service, Money/Property, Interest
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
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