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Schlitters v. Corrections Corporation of America et al, CO, Complaint, failure to treat malpractice angioedema death, 2003
Brief • March 1, 2003
Filed under: Failure to Treat, Malpractice, Medical Neglect/Malpractice
Schlitters v. Corrections Corporation of America et al, CO, Complaint, failure to treat malpractice angioedema death, 2003 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 03-M-500 TAMARA L. SCHLITTERS, Individually and as Personal Representative of the Estate of Jeffrey A. Buller, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA; …
Bryant v. Cassaro, CO, Complaint, Excessive Force, 2003
Brief • January 30, 2003
Filed under: Excessive Force
Bryant v. Cassaro, CO, Complaint, Excessive Force, 2003
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes
Article • January 15, 2003 • from PLN January, 2003
Filed under: Retaliation for Media Contact, Publications/Books, Media, Prisoner Media, Censorship
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast As an aspiring 26-year-old writer with a dark past, Mark Jordan figures he has plenty to tell the world. He has stories about bank robberies, for instance, and the many episodes of violence …
Colorado Ad-Seg Decisions Subject to Judicial Review
Article • January 15, 2003 • from PLN January, 2003
Filed under: Control Units/SHU/Solitary Confinement, Ad-Seg Hearings
Colorado Ad-Seg Decisions Subject to Judicial Review by The Colorado Court of Appeals held that administrative segregation (ad-seg) placement decisions are subject to judicial review. Leonard Baldauf, a prisoner of the Colorado Department of Corrections, (CDOC), was placed in adseg and filed a C.R.C.P. 106(a)(4) complaint seeking judicial review of …
Colorado Sex Offenders Freed from Mandatory Parole
Article • December 15, 2002 • from PLN December, 2002
Filed under: Discrimination, Sex Offenders (Discrimination), Parole
Colorado Sex Offenders Freed from Mandatory Parole by Bob Williams In one of the most criticized and widely reported rulings in Colorado history, the state Supreme Court has held that the state's mandatory parole laws do not apply to sex offenders whose crimes were committed on or after July 1, …
Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access
Article • October 15, 2002 • from PLN October, 2002
Filed under: Civil Procedure, Summary Judgment
Summary Judgment Denied in Colorado Hepatitis-C Treatment Suit Based on Lack of Internet Access by Bob Williams The Colorado Federal District Court has denied summary judgment for the Colorado Department of Corrections (CDOC) in a suit seeking treatment for a prisoner infected with the hepatitisC virus (HCV). Several prisoner cases …
Colorado Denial of Motion to Amend Complaint Reversed
Article • July 15, 2002 • from PLN July, 2002
Filed under: Immunity/Liability, Premises Liability, Sovereign Immunity
Colorado Denial of Motion to Amend Complaint Reversed by The Colorado Court of Appeals held that provisions of the Colorado Government Immunity Act (CGIA) which precluded a prisoner's claim does not violate equal protection. The court also held that the trial court erred in denying the prisoner's motion to amend …
BOP Finger Amputation States Eighth Amendment Claim
Article • July 15, 2002 • from PLN July, 2002
Filed under: Medical, Injury -- Misc., Amputations
BOP Finger Amputation States Eighth Amendment Claim by Reversing a lower court ruling, the Tenth Circuit found that a prisoner whose finger fell off after it was re-attached by a prison doctor stated an Eighth Amendment claim for deliberate indifference to his serious medical needs. In June 1999, Horace Oxendine, …
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal
Article • July 15, 2002 • from PLN July, 2002
Filed under: Medical, Injury -- Misc., Surgery, Appeals, Discovery, Qualified Immunity
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal by For want of jurisdiction, the Tenth Circuit Court of Appeals has dismissed the interlocutory appeal of a Bureau of Prisons (BOP) medical director from a district court's denial to the director of summary judgment based on qualified immunity and a …
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim
Article • July 15, 2002 • from PLN July, 2002
Filed under: Snitch Jacketing, PLRA, Physical Injury Rule, Damages, Qualified Immunity
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Colorado Parole Board Member Busted for Child Porn
Article • July 15, 2002 • from PLN July, 2002
Filed under: Misconduct/Corruption, Parole Board Misconduct
Colorado Parole Board Member Busted for Child Porn by The Colorado Bureau of Investigation (CBI) and the Custer County (Colorado) sheriff launched an investigation in early December, 2001, into allegations that Larry Schwarz, a former Colorado Congressman and parole board member, dealt child pornography out of his home. Schwarz was …
Tenth Circuit Discusses Religious Rights in BOP
Article • May 15, 2002 • from PLN May, 2002
Filed under: Injunctions, Preliminary Injunctions/TRO's, Federal Statutory Law, Religious Freedom Restoration Act, RLUIPA, Qualified Immunity, Clergy
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Section 2241 May Not Be Used to Challenge BOP Prison Placement
Article • May 15, 2002 • from PLN May, 2002
Filed under: Transfers, Retaliation for Media Contact, Habeas Corpus, Control Units/SHU/Solitary Confinement
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
PLRA Protects Lawless Guards Accused in Prisoner Beating
Article • April 15, 2002 • from PLN April, 2002
Filed under: Guard Misconduct, DOC/BOP misconduct, Disciplinary Hearings, Malicious Prosecution, Physical Injury Rule, Guard Brutality/Beatings, Limitations, Failure to Train/Supervise
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
Qualified Immunity Upheld for Probation Officer in HIV Privacy Action
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, HIV/AIDS, Medical Records, Disclosure of Records, Probation, Qualified Immunity
Qualified Immunity Upheld for Probation Officer in HIV Privacy Action by The Court of Appeals for the Tenth Circuit has found that there is a right to privacy in non-disclosure of HIV status by government employees but granted qualified immunity to a probation officer since the law was not clearly …
Claims Dismissed in First Challenge to BOP Communications Ban
Article • March 15, 2002 • from PLN March, 2002
Filed under: Political Prisoners, Attorney Client, Administrative Exhaustion (PLRA), Telephones, Telephone Access, Mail Regulations, Ad-Seg Hearings
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
Turner v. Schultz, CO, Opinion and Order, Guard Assault in Prison, 2002
Brief • February 20, 2002
Filed under: Guard Brutality/Beatings
Turner v. Schultz, CO, Opinion and Order, Guard Assault in Prison, 2002 187 F.Supp.2d 1288 (2002) William Vance TURNER, Plaintiff, v. Officer Roderick SCHULTZ, Officer Michael Lavallee, Officer James Bond, Lieutenant David D. Armstrong, Lieutenant FNU King, Captain M. Mooneyham, Assistant Warden Greco, Warden Joel H. Knowles, Lieutenant Rowe, Lieutenant …
Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded
Article • February 15, 2002 • from PLN February, 2002
Filed under: Systemic Medical Neglect, Cardiovascular, Civil Procedure, State Law Claims, Sovereign Immunity
Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded by The Tenth Circuit Court of Appeals has upheld a Colorado statute which excludes from waiver of state sovereign immunity those actions brought by prisoners. The Court also reversed summary judgment for a guard who delayed medical treatment for a …
PLRA Screening Applies Regardless of Fee Status
Article • January 15, 2002 • from PLN January, 2002
Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints
PLRA Screening Applies Regardless of Fee Status by The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) screening and dismissal provisions apply even when the prisoner is not proceeding in forma pauperis . Federal prisoner Gerald Plunk filed a Bivens action alleging that he was …
Colorado ACLU Settles Restraint Board Suit
Article • January 15, 2002 • from PLN January, 2002
Filed under: Toilets, Excessive Force, Restraints
Colorado ACLU Settles Restraint Board Suit by Ronald Young A monitoring agreement was reached between the ACLU Foundation of Colorado, the El Paso County Board of County Commissioners (BOCC), and the El Paso County Sheriff's Office (EPSO) regarding EPSO's use of a restraint board and Level 3 restraints on jail …
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