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PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • August 15, 2008
Consent Decree Not Final Judgment for Appeal by A consent decree addressing the rights of the institutionalized mentally retarded provided for the appointment of a monitor, to end on a date certain unless extended by court order. The court extended the term for three years. The order is not a …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Class Certification Denied in Suit by Disabled NM Children Prisoners by The plaintiffs, 16 mentally or developmentally disabled children in state custody, alleged a failure to provide protections and therapeutic services required by federal statutes and Constitution, seeking certification of a class of children "in or at risk of State …
Beating, Pepper Spraying of Prisoners on Bus Ride Upheld by The plaintiff was "subdued" after protesting the treatment of another prisoner in the yard. The next day, he and other inmates were put shackled on a bus for transfer, and some of the prisoners created a disturbance on the bus. …
Article • August 15, 2008
No Class Certification Required Where Medicaid Rule Struck Down by The court denies class certification as an "unnecessary formality" after striking down a state Medicaid regulation, noting that the defendants had assured the court that they would apply a decision favorable to the named plaintiffs to all persons affected by …
Article • August 15, 2008
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Article • August 15, 2008
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
Documents Withholding by Texas Guards Fails to State Claim; Suit Dismissed as Frivolous by Texas prisoner Keith Thomas appealed a 2003 state court dismissal of his suit for being frivolous. He claimed that guards at the Barry Telford Unit (BTU) in New Boston, Texas withheld documents regarding a lawsuit he …
Article • August 15, 2008
Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim by The Second Circuit of Appeals has reversed a lower court’s dismissal of a prisoner’s Bivens claim, alleging denial of glaucoma medication which caused his permanent blindness. In September 2001, DEA agents arrested Rodney Thomas in California on drug charges. …
Article • August 15, 2008
Injunction Over Towing, Sale of Cars Without Notice to Owners Reversed by The district court found that municipal practices of towing and selling automobiles without notice to their owners denied due process. During the litigation, the defendants changed their regulations. The district court said they "did not go far enough" …
Immigration Detainee Loses Failure to Protect Suit by The plaintiff immigration detainee was attacked by another prisoner and was warned not to retaliate against him. He was involved in a second altercation the next day in which the other prisoner "got cut"; the plaintiff was later criminally convicted for the …
Article • July 15, 2008
New Mexico Detention Center Closed for Constitutional Violations by The American Civil Liberties Union (ACLU) of New Mexico and several New Mexico state prisoners, sued the Board of County Commissioners for Valencia County (Board) in federal district court over numerous constitutional violations at the Valencia County Detention Center (Center). The …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
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