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Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Black Prison and Jail Employees Win Discrimination Lawsuits by Kentucky In October 2002, a federal jury awarded a former Fayette County Jail guard $196,000. James Young Sr., an African American, was fired from the jail in 1993 after complaining for over a year that black workers at the jail were …
Article • May 15, 2000 • from PLN May, 2000
Book Review: Inmate Litigation by John E Dannenberg by Assistant Professor Margo Schlanger, Reprinted (soft back) from the Harvard Law Review, Vol. 116, No.6, April 2003; 151 pp. Review by John E. Dannenberg Inmate Litigation is a scholarly analysis on the effectiveness of prisoner civil rights litigation filed under 42 …
Article • May 15, 2000 • from PLN May, 2000
Wrongfully Convicted in California and New York Awarded Damages by Michael Rigby California On April 29, 2003, then California Governor Gray Davis signed legislation awarding two wrongfully convicted prisoners $100 per day for every day they were in prison. Ricky Daye, who spent 10 years in Folsom Prison, and Leonard …
PLN in Court by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously wasn't …
Article • May 15, 2000 • from PLN May, 2000
$600,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
Article • April 15, 2000 • from PLN April, 2000
$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …
South Carolina Prisoner Wins Excessive Use of Force Suit Pro Se by South Carolina Prisoner Wins Excessive Use Of Force Suit Pro Se By Matthew T. Clarke In an unpublished opinion, the Fourth Circuit court of appeals has held that a South Carolina federal district court improperly failed to consider …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
$4.1 Million Award In Suit Over Sexual Assault of Prisoners by Official by $4.1 Million Award In Suit Over Sexual Assault of Prisoners By Official by Matthew T. Clarke A federal district court in Texas has awarded two female prisoners who were the victims of sexual assault by a prison …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
Article • March 15, 2000 • from PLN March, 2000
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Oregon DOC Liable for Attacks by Parolees by The Oregon Court of Appeals upheld a trial court judgment against the Department of Corrections (DOC), concluding that violent crimes committed by a parolee were a reasonably foreseeable consequence of inadequate parole supervision. In 1984, Cal Brown was convicted of assaulting an …
Georgia Prisoner Wins $60,000 Retaliation Verdict by On September 30, 1999, U.S. district court judge Orinda Evans awarded Georgia state prisoner Ray Yelverton $60,000 in compensatory and punitive damages in a retaliation suit against prison officials. Yelverton was convicted of child molestation charges in 1990. He was imprisoned at the …
Arizona Incarceration Cost Setoff Law Upheld by The Arizona Court of Appeals held that, as applied, the state's incarceration cost setoff law does not violate the Equal Protection Clause of the Fourteenth Amendment or the anti-abrogation provisions of the Arizona Constitution. A jury awarded $15,000 to Felix Duarte and $1,500 …
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