Remand Defeats Georgia DOC's Attempted 11th Amendment Immunity Bar by John E Dannenberg by John E. Dannenberg The US District Court (M.D. Ga.) remanded a state prisoner 42 USC §1983 medical indifference civil rights suit back to state court because under state law, defendant Georgia Dept. of Corrections (DOC) could …
Statute of Limitation Tolled by Administrative Exhaustion by The Eleventh Circuit Court of Appeals for the has reversed and remanded for a district court to decide, in the first instance, whether the statute of limitations is tolled by a prisoner's satisfaction of the mandatory exhaustion requirements of 42 U.S.C. § …
Georgia Sheriff Charged in Murder of Successor by Lonnie Burton In November 2000, DeKalb County (GA) Sheriff Sidney Dorsey was locked in a close re-election bid with political rival Derwin Brown. Brown defeated Dorsey in that contest, but Sheriff Dorsey, apparently unwilling to accept the will of the voters, allegedly …
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
MCI WorldCom Investigated in Georgia for Phone Overcharges; State Senator Involved by Lonnie Burton MCI WorldCom owns the exclusive contract to provide phone services to the 45,000 prisoners incarcerated in the State of Georgia. Of course, the prisoners are only allowed to place collect calls, and have no choice on …
BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000 by BOP Settles Prisoner Beating/Restraint Lawsuit For $99,000 In the summer of 1997, Lealon Muldrow was incarcerated in the Special Housing Unit (SHU) of the United States Penitentiary (USP) at Atlanta .On July 1 of that year, Muldrow was threatened with being chained …
Federick v. U.S., GA, Medical, Wrongful Death, BOP Complaint, 2002 '11.EIJ itj CI.Elll('S Offt« U.8.D C.·A""'� r1u1:;iQ0Z Wirt&A:U/r':r_. ..,... IN THE UNITED STATES DISTRICT COURTII< F'OR THE NORTHERN DISTRICT OF GEORG[A ATLA.J'ITA DIVISION JANIE FEDERICK. as Administrator of the Estate ofRonney Ruff, Deceased, TRINISHA PERRY, Individually and DEMETRIUS PERRY by …
Administrative Remedies Need Not Identify Wrongdoers by The Court of Appeals for the Eleventh Circuit has held that prisoners do not need to identify those persons directly involved in the alleged deprivations in their administrative remedies to satisfy the exhaustion requirement of 42 U.S.C. § 1997(e)a. Prisoner Raymond Brown filed …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Non-Physical Damage Claims Barred Until Released by The Court of Appeals for the Eleventh Circuit has held that a lawsuit which seeks damages for emotional and mental claims filed by a prisoner while confined are barred, but the same claim can be pursued if filed after release. Eleven Georgia prisoners …
Georgia Parole Law May Violate Ex Post Facto by The Court of Appeals for the 11th Circuit held that a Georgia law changing the frequency between parole hearings may violate the ex post facto clause. Georgia prisoner Paul Harris claimed the retroactive application of Ga. Comp. R & Reg. r. …
BOP Imposter Scheme Discovered by For more than a year, the BOP had an imposter in its midst officials discover last October. One man paid another to do his time and the BOP remained clueless until the imposter escaped. After pleading guilty to a charge of receiving proceeds from a …
BOP Possession Offense Requires Specific Intent by The U.S. court of appeals for the Eleventh Circuit held that a violation of 18 U.S.C. § 1791(a)(2), which makes it unlawful for federal a prisoner to possess a "prohibited object," is a specific intent crime, and intent to use the object as …
"The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" by Anne-Marie Cusac "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" Prisoners with HIV deprived of proper care By Anne-Marie Cusac In prisons and jails across the country, prisoners with HIV or AIDS are denied proper …
$1.75 Million Verdict in Juvenile Death Suit by On February 9, 2000, a federal jury in Macon, Georgia held that Georgia Department of Juvenile Justice employees were liable for the death of a 15 year old female juvenile prisoner who was given Tylenol to treat a serious brain injury and …
Tide Turns Against Prison Privatization by North Carolina, Georgia, Utah and Louisiana are among states that experimented with private prisons and because of problems encountered have eliminated them altogether or scaled back plans for future privatization. North Carolina officials converted both of the state's private prisons to public operation, and …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
The Restraint Chair: Safe and Humane? by Anne-Marie Cusac Jail and prison employees call it the "strap-o-lounger," the "barcalounger," the "we care chair," and the "be sweet chair." Prisoners and their lawyers have other names for the device: "torture chair," "slave chair," and "devil's chair." They are not referring to …
