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Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
Article • November 15, 2001 • from PLN November, 2001
Ex-Prisoner Awarded $2.7 Million on Remand in Medical Neglect Suit by On April 20, 2001, a Denver jury awarded former Colorado prisoner Arthur Nieto, 44, damages totalling $2.7 million in a medical neglect suit against Colorado prison officials and medical staff. In 1991, while imprisoned at the Delta County Correctional …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Civil Procedure, Appeals
Federal Appellate Rule 4(a)(6) Trumps Civil Rule 60(b) by The Tenth Circuit Court of Appeals has ruled that Federal Rule of Appellate Procedure (FRAP) 4(a)(6) trumps Federal Rule of Civil Procedure (FRCP) 60(b). Ernest Clark, a federal prisoner, filed suit in the U.S. District Court of Colorado. Before his case …
Cowboys and Prisoners by Willie Wisely Trumpeted as the pinnacle of high-tech prison architecture when it opened in 1993, the Federal Correctional Complex in Florence, Colorado, contains two lower security facilities, one maximum security prison, and, since 1994, the Clockwork Orange inspired U.S. Penitentiary Administrative Maximum. The steel and concrete …
Article • September 15, 2001 • from PLN September, 2001
Former BOP Prisoner Settles Medical Suit for $355,000 by Lonnie Burton The federal government wrote Terry Dean Scearce a check for $355,000 in November, 2000, to settle his claim that he suffered a stroke in 1998 because prison officials did not give him the medicine prescribed to treat his high …
Article • July 15, 2001 • from PLN July, 2001
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
Brief • May 8, 2001
Filed under: Excessive Force
Celestine v. US, CO, Settlement, Excessive Force, 2001
Colorado Prisoner Challenges 'Sex Offender' Label by The Tenth Circuit Court of Appeals held that a Colorado prisoner's classification as a "sex offender" is subject to due process considerations. In 1985, the Colorado Department of Corrections (CDOC) modified its Administrative Regulation governing classification to include a Sex Offender Component in …
Article • March 15, 2001 • from PLN March, 2001
Permanent Injunction Granted for Kosher Diets by The Colorado Federal District Court granted a permanent injunction against the Department of Corrections (CDOC) finding the CDOC in violation of the Free Exercise Clause of the First Amendment for failing to provide Colorado Prisoners with a kosher diet. As reported in the …
Brief • February 15, 2001
Turner v. Schultz, CO, Order Dismissing Claims, Guard Assault in Prison, 2001 130 F.Supp.2d 1216 (2001) 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 …
Certificate of Review Mandatory in Colorado Negligence Suits by Bob Williams The Colorado Supreme court has held that prisoners must file a "certificate of review" under Colorado law when suing a licensed professional (LP) for negligence, whether or not the LP is a named party, but that a failure to …
Qualified Immunity Denied in CO Rape Case; Suit Settled for $70,000 by In an unpublished ruling, the Tenth Circuit has denied qualified immunity to prison officials who failed to protect a prisoner from being raped by another prisoner. Marvin Gray, a "large and powerful individual with a violent past," was …
Article • November 15, 2000 • from PLN November, 2000
County Jail Time Returned to CO Lifers by The Colorado Supreme Court has held that prisoners sentenced to life imprisonment are entitled to presentence confinement (PSC) credits for the time they spent in the county jail before sentencing. Until 1977, life sentences in Colorado were a minimum of ten years …
Article • September 15, 2000 • from PLN September, 2000
Colorado DOC Attacks Jailhouse Lawyers by In March 1998, PLN reported on the case of Tebbetts v. Whitson, 956 P.2d 639 (Colo.App. 1997), where a Colorado prisoner was convicted of attempted bartering as a jailhouse lawyer and possessing another prisoner's legal papers. The Court of Appeals held the attempted bartering …
Article • September 15, 2000 • from PLN September, 2000
Censorship challenged in CO DOC by Censorship Challenged in CO DOC Eight publishers, the Association of Alternative Newsweeklies, and seven Colorado prisoners have filed suit in Federal District Court challenging the Colorado Department of Corrections (CDOC) Administrative Regulation (AR) 300-26 governing prisoner reading material. Over the past three years the …
Article • July 15, 2000 • from PLN July, 2000
Private Prison Contract May be Invalid by Private Prison Contract May Be Invalid The Colorado state court of appeals remanded a case to the trial court for a determination of the validity of a private prison contract. The court implied that the contract may be invalid but failed to indicate …
Article • June 15, 2000 • from PLN June, 2000
Colorado Prison Population Exploding by Bob Williams Last summer the Executive Director of the Colorado Department of Corrections, John Suthers, announced to the Colorado Legislature that Colorado's male prison population is growing at its fastest rate ever. In fact, at an average of 1.3% per month in the second quarter …
Article • May 15, 2000 • from PLN May, 2000
Filed under: Medical, Hepatitis
Colorado Denies Hepatitis C Treatment as Too Expensive by Bob Williams While much attention has been paid lately to denying AIDS/HIV treatment as being too expensive for prisoners, little focus has been aimed at those restricting or denying treatment for prisoner's infected with the hepatitis C virus. Hepatitis is spreading …
Article • May 15, 2000 • from PLN May, 2000
Qualified Immunity Denied in BOP Transsexual Strip Search by Bob Williams The Tenth Circuit Court of Appeals has denied qualified immunity to federal prison officials for a transsexual strip search conducted in front of numerous spectators. Dee Farmer, a prisoner in the Federal Bureau of Prisons (BOP) at FCI Englewood, …
Article • May 15, 2000 • from PLN May, 2000
No Appeal Bond Required for Indigent Colorado Litigants by No Appeal Bond Required for Indigent Colorado Litigants The Colorado Supreme Court has held that a state district court may not condition an indigent prisoner's appeal on the posting of an appeal bond. Thomas E. Rodden, a Colorado prisoner in the …
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