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Washington DOC Fined $22,503 For Fuel Spill by The Washington Department of Corrections (WDOC) has been fined $22,503 for polluting the environment with thousands of gallons of diesel fuel, the Tacoma News Tribune reported on September 3, 2004. In October 2002, 6,100 gallons of diesel fuel were spilled at the …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
$2.2 Million Award for New Mexico Prison Bug Spray Injuries by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only …
No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …
New Jersey Jail Settles Chemical Burn Suit for $900,000 by On April 20, 1999, Atlantic County, New Jersey, paid $900,000 to settle a lawsuit involving extensive chemical burns suffered by a prisoner forced to do calisthenics in a pit filled with caustic chemicals. David Zamot was a non violent offender …
Texas Jail Whistleblower Awarded $3.3 Million by On January 26, 1999, the Lubbock county commissioners court approved a $3.3 million settlement with fired jailer Karen Strube. Strube was a jail guard in the Lubbock County jail in Texas. She complained to the Texas Department of Health (DOH) that she had …
Article • February 15, 1999 • from PLN February, 1999
California Gas Chamber Ruling Vacated by In the April, 1995, issue we reported Fierro v. Gomez , 865 F. Supp. 1387 (ND CA 1994), affirmed at 77 F.3d 301 (9th Cir. 1996)[ PLN , Nov. 1996] which held that California's gas chamber was an unconstitutional means of execution. The supreme …
No Immunity for Abestos Exposure; Toxic Water Claim Remanded by The court of appeals for the second circuit held that prison officials are not entitled to qualified immunity for exposing a prisoner to airborne asbestos. The court also held that a prisoner plaintiff was entitled to present evidence that a …
Gas Chamber Found Unconstitutional by The court of appeals for the ninth circuit affirmed a lower court ruling that held the California gas chamber was an unconstitutional form of execution that violated the eighth amendment. In the November, 1995 issue of PLN we reported Fierro v. Gomez, 790 F. Supp. …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
Lethal Gas Execution Cruel and Unusual by Dale Gardner Derek Humphry, President of the Hemlock Society, and Judge Marilyn Hall Patel have differing views on the virtues of inhaling lethal gas. Humphry, in his how-to-suicide-it manual Final Exit, recommends the use of potassium cyanide as a quick and "humane", although …
Article • December 15, 1993 • from PLN December, 1993
Lead Poisoning by Ronald Wren by Ronald Ronniel Wren There is no proper way to explain how vital "lead poisoning" is without causing alarm. I am writing this in the hopes that prisoner advocates will step forward and explore the lead poisoning problem in the institutions in which they are …
Johnson v. Pope, FL, Interrogatories, Wrongful Death by Gassing, 2012 Plaintiff’s First Interrogatories to Defendant Pope Defendant Jeffrey Pope will be referred to herein as “Defendant” or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The pertinent date of the matter sued upon is September …
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