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Court Denies Certification to Class of Involuntarily Operated On Mental Patients by Court Denies Certification to Class of Involuntarily Operated On Mental Patients Developmentally disabled persons challenged the District's policy of allowing city officials to consent to elective surgical procedures on their behalf (in the named plaintiffs' cases, two involuntary …
Prisoner's Release Fails to Excuse PLRA's Exhaustion Requirement by The Sixth Circuit Court of Appeals held the Prison Litigation Reform Act's (PLRA) administrative remedy exhaustion requirement was not excused by the fact the plaintiff had been released at the time the district court considered the motion to dismiss. While a …
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …
Article • February 15, 2002 • from PLN February, 2002
Parole Revoked for Refusing Medication by The Eighth Circuit Court of Appeals has held that parole can be revoked if the parolee refuses medication as part of an agreed mental health treatment plan. Randy Closs, who has a long-term diagnosis of schizophrenia, was granted conditional parole from the South Dakota …
Failure to Exhaust Requires Hearing Before Dismissal by The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity …
Article • July 15, 2000 • from PLN July, 2000
Staff Representative in Medication Hearing Must Have Medical Knowledge by The court of appeals for the Fourth circuit held that federal prison officials can forcibly give a federal pretrial detainee psychotropic drugs without a court hearing. But, if the prisoner has a prison staff member acting as his representative at …
California Guards Abuse Young Prisoners by Willie Wisely by W. Wisely In a developing investigation eerily reminiscent of the abuse, corruption, and cover-ups at Corcoran prison, California Youth Authority guards stand accused of beating, and setting up fights between, youthful offenders at Youth Correctional Facility (YCF) in Chino, California. A …
PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
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 …
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 …
Abuses Continue at Private INS Facility by Alex Friedmann The Immigration and Naturalization Service (INS) continues to experience problems at a privately -operated detention center in Elizabeth, New Jersey. In June 1995 detainees rioted at the facility, which was then run by Esmore Correctional Services. The detainees mostly asylum-seekers who …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
Court Reduces Jury Award in Beating Suit by A federal district court in New York entered a jury verdict awarding compensatory and punitive damages to a prisoner beaten and tranquilized by guards, it then reduced the punitive damage award. Donovan Blissett, a New York state prisoner, filed suit claiming his …
Prisoner Has Right to Hunger Strike by James Quigley A Florida appellate court has ruled that a prisoner has a right to refuse forced feeding or medical treatment based on an interpretation of the privacy clause of the Florida State constitution. In late 1994 Michael V. Costello, a Florida state …
Ohio Mental Health Decree Entered by A far reaching consent decree governing the delivery of mental health care to Ohio prisoners was entered on 10 July 1995. The consent decree resulted from a §1983 suit filed in 1993 and certified as a class action on June 7, 1995. The prisoner …
Article • November 15, 1995 • from PLN November, 1995
Surveys by - Prisoners Convicted by Drugging is conducting a survey to determine the number of criminal defendants who have gone to trial or been tried while they were under the influence of psychotropic drugs. Anyone desiring a questionnaire should write: B. Buechler, 825 Battery St. 1st Fl. San Francisco, …
Article • June 15, 1995 • from PLN June, 1995
Just Say "No?" by Phillip McLaughlin by Philip McLaughlin   We are reprinting the following article because we think our readers will be interested in knowing about the forced drugging of prisoners. The legal background for this is that in 1989 the Washington state supreme court decided Washington v. Harper …
AZ Medical Care Unconstitutional by This lengthy (76 pages) opinion deals with a DOC-wide class action suit filed by Arizona state prisoners challenging the medical and dental care, treatment available for seriously mentally ill prisoners, and unequal medical treatment provided to females compared to that provided male prisoners. District court …
Article • May 15, 1994 • from PLN May, 1994
Drugging of Prisoners Upheld by Albert Sullivan is an Illinois state prisoner forcibly drugged against his will for the past five years. Sullivan filed suit under § 1983 claiming that he has a due process right to stop taking the drugs long enough to prove he does not need them. …
Stop the Forced Psychiatric Treatment of Georges Cipriani by Stop the Forced Psychiatric Treatment of Georges Cipriani! Georges Cipriani was captured in February, 1987 together with three other militants of Action Directe in France. The French government charged them with several armed actions against the military industrial complex and NATO. …
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