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Parsons v. Ryan, AZ, Complaint, Systemic Medical Neglect Class Action, 2012 Case 2:12-cv-00601-NVW--MEA Document 1 Filed 03/22/12 Page 1 of 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Daniel J. Pochoda …
Virginia Prisoners Held in Segregation Over 10 Years for Violating DOC Grooming Policy by Justin Miller A number of prisoners in Virginia have been held in segregation for more than a decade because they refuse to cut their hair or beards on religious grounds. Since December 1999, the Virginia Department …
Brief • December 14, 2011
Troy D. v. Mickens, NJ, 2nd Amended Complaint, Juvenile Solitary Confinement, 2011 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _____________________________________________ : : : Plaintiffs : : v. : : Mickens, et al., : : : Defendants : _____________________________________________ : Troy D. and O’Neill S., Civil Action No. 1:10-cv-02902-JEI-AMD Honorable …
Article • November 15, 2011 • from PLN November, 2011
Ten Years of Sham Segregation Reviews Result in $4,846 Damage Award for Arkansas Prisoner by An Arkansas state prisoner has been awarded $4,864 in damages for spending almost ten years in administrative segregation (ad seg). David Williams is no angel. While serving time for murder, he was convicted of killing …
Article • November 15, 2011
$3,500 Settlement Reached in Double Suit Claiming Due Process and Human Rights Violations by A $3,500 settlement was reached in a consolidated agreement arising from two separate suits filed by Bernard E. Berton, Jr. against the District of Columbia Department of Corrections. The first case arose when Berton, a prisoner …
Article • November 15, 2011
New York Prison Disciplinary Conviction Upheld by On June 9, 2011, New York’s Third Judicial Appellate Court affirmed a prisoner’s disciplinary conviction. Scott Irwin received a misconduct report after a scuffle with a guard that resulted in the discovery of a shank. Irwin was sanctioned initially to 30 months of …
Article • November 15, 2011
Massachusetts Highest Court Upholds Damages Awards to State Prisoners Unlawfully Transferred to Federal Prisons by In 1989, the Supreme Judicial Council of Massachusetts affirmed the award of damages to eight state prisoners who were unlawfully transferred to federal out-of-state institutions without the procedural protections afforded to them under departmental regulations. …
The Resistable Rise and Predictable Fall of the U.S. Supermax by Stephen Eisenman Stephen F. Eisenman In a recent article entitled “The Penal State in an Age of Crisis” (Monthly Review, June 2009), Hannah Holleman, Robert W. McChesney, John Bellamy Foster, and R. Jamil Jonna sought to account for the …
Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim by Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim The Second Circuit Court of Appeals has held the total exhaustion …
Rasho v. Walker, IL, Complaint, Medical Neglect, 2011 1:11-cv-01308-MMM # 5 Page 1 of 13 E-FILED Wednesday, 17 August, 2011 05:56:40 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION ASHOOR RASHO, ) ) ) ) ) Case No. …
Article • July 15, 2011
No Due Process Right In Avoiding Temporary Lock-Up; Unsanitary Bedding Actionable by Brandon Sample By Brandon Sample On April 10, 2008, the U.S. Court of Appeals for the Seventh Circuit affirmed in part and reversed in part the dismissal of a suit challenging a prisoner’s placement in Temporary Lock-Up (TLU) …
Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Article • July 15, 2011
Indefinite Confinement of New Jersey Prisoner for 1990 Assault Overturned by The Appellate division of New Jersey’s Superior Court has held that the New Jersey Department of Corrections ( NJDOC), “does not have the legal authority to continue to keep” a prisoner who has been in confinement for twenty years …
Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand by Mark Wilson On February 4, 2009, the Tenth Circuit Court of Appeals granted a Colorado sheriff’s interlocutory appeal challenging a class certification order and remanded the case for further proceedings, where it eventually settled in April …
Gomez v. Fisher Et Al, NY, Complaint, 2011 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 1 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 2 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 3 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 4 of 71 Case 1:11-cv-00476-WMS-LGF …
Publication • 2011
Model Stop Solitary Act ACLU 2011 Model Act Improving Public Safety, Protecting Vulnerable Populations & Ensuring Process in Imposing Long-Term Isolated Confinement Things in < > may need to be changed in order to be applicable in a specific state. It will be important to study carefully the existing statutes …
Article • May 15, 2011
Interference With Access to Legal Materials by Federal Prison Officials May Warrant Equitable Tolling by The U.S. Court of Appeals for the Tenth Circuit held that interference with a prisoner’s access to legal materials by the Bureau of Prisons (BOP) may warrant equitable tolling of the one-year deadline for seeking …
Article • April 15, 2011
Annual Arizona Segregation Reviews Inadequate, Case Remanded by On November 19, 2009, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a suit by a prisoner challenging the frequency of segregation reviews he was receiving. Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its …
Article • April 15, 2011
Utah Prisoner’s Administrative Confinement May be Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner’s arbitrary placement in administrative segregation may constitute an “atypical and significant hardship on the prisoner in relation to the ordinary incidents of prison life.” Utah prisoner Paul Richard Payne filed a …
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