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Article • November 15, 2001 • from PLN November, 2001
Junking the Jurors by Mumia Abu-Jamal by Mumia Abu Jamal "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed&" U.S. Constitution, 6 th Amendment It has been …
$235,000 Awarded to CCA Prisoner in Medical Suit by On March 23, 2001, a federal jury in Memphis, Tennessee, awarded Tennessee state prisoner Charles Degan $235,000 in damages in a medical neglect suit against Corrections Corporation of America (CCA), the world's largest private, for profit, prison company. In 1998 Degan's …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
Florida X-Wing Guard Acquitted in Valdes Beating by The first of five Florida State Prison guards to be tried in connection with the beating death of "XWing" prisoner Frank Valdes was acquitted by a jury in a rural county dominated by the state "corrections" industry. In the October 1999 PLN …
Corcoran Show Trial Ends with Acquittals by Dan Pens Corcoran Show Trial Ends With Acquittals The saga of Corcoran's infamous SHU shootings ended June 8, 2000 when a jury acquitted eight California prison guards of federal charges that they entertained themselves by staging gladiator-style fights among prisoners from rival gangs. …
Article • May 15, 1999 • from PLN May, 1999
Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial by The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
Article • December 15, 1998 • from PLN December, 1998
Untimely Jury Demand Must be Fairly Considered by Untimely Jury Demand Must Be Fairly Considered According to the Seventh Circuit, a district court must fairly consider a pro se prisoner's untimely request for jury trial. The court also held that the prisoner's failure to answer defendants' motion for summary judgment …
Article • October 15, 1998 • from PLN October, 1998
New Trial After Magistrate Conducts Jury Selection by The court of appeals for the Eleventh circuit held that a magistrate presiding over jury selection, when the plaintiff objects, constitutes reversible error and is not subject to a harmless error analysis. Albert Thomas, a Georgia state prisoner, sued state prison officials. …
Injury Required to Enforce Grand Jury Law by The court of appeals for the District of Columbia circuit held that while individuals can seek judicial enforcement of a law requiring that evidence be presented to a grand jury, the party seeking enforcement must allege injury in order to have standing. …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Article • June 15, 1997 • from PLN June, 1997
California Prisoner Wins Judgment Against Guard in Shooting by Herbert Green, a 51 year old African-American prisoner, filed a pro se §1983 action against Robert Konkel, a prison guard at Calipatria State Prison, alleging that Konkel violated his eighth amendment rights by shooting him. The case proceeded to trial where …
Article • April 15, 1997 • from PLN April, 1997
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
Article • May 15, 1996 • from PLN May, 1996
Jury Power in Action by A single mother in Cleveland, Ohio went on trial for welfare fraud. She was charged with "stealing" $11,000 in cash and food stamps over a two-year period. Between June 1988 to January 1990 she is accused of working at a $6,000-a-year part time job emptying …
Article • April 15, 1996 • from PLN April, 1996
Jury Not Waived in "Doubtful Situation" by The fifth circuit court of appeals held that a plaintiff's right to a jury trial is not waived unless the plaintiff was clearly informed that an evidentiary hearing before a magistrate would constitute a trial. Darrell McAfee, a Texas state prisoner, filed suit …
Article • February 15, 1996 • from PLN February, 1996
Jurors Challenge Tennessee Constitution by Two prospective jurors who were excluded from capital trials in Tennessee because of their religious objections to the death penalty have filed a temporary injunction against the state, charging that barring them violates the state constitution. They cite Article I, Section 6 of the document, …
Article • December 15, 1995 • from PLN December, 1995
Jury Demand Must Be Timely by The court of appeals for the eleventh circuit, in a case of first impression for that circuit, held that the right to a jury trial is fundamental and reversed a bench trial ruling against a prisoner holding he should have received a jury trial. …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
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