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Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by John E Dannenberg Section 1983 May Be Used To Challenge Disciplinary Hearings Not Affecting Total Length of Confinement by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals joined four other circuits in holding …
Article • December 15, 2004 • from PLN December, 2004
Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary by Hermaphroditic Wyoming Prisoner Awarded $1,000 For 14 Months In Solitary In a bench trial, the U.S. District Court for the District of Wyoming has awarded $1,000 to a hermaphroditic Wyoming state prisoner who was made to serve her entire …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
Article • September 15, 2004 • from PLN September, 2004
California Changes Policies for Prison Gangs and Security Housing Units by Charles F.A. Carbone by Charles F.A. Carbone, Esq. Major changes to prison gang management policies and the use of security housing units (SHU's) or super-maximum prisons are expected in California prisons due to the settlement of a lawsuit brought …
Article • August 15, 2004 • from PLN August, 2004
Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity by Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity The Eighth Circuit Court of Appeals held a guard's delay to prevent a prisoner's suicide is deliberate indifference to serious medical needs. This action was brought by the mother of South …
Article • June 15, 2004 • from PLN June, 2004
Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams Federal Supermax Terrorist's New Home and Bargaining Chip; $1 Million Cells Planned by Bob Williams The United States PenitentiaryAdministrative Maximum Facility goes by many names: ADX, Supermax, Alcatraz of the Rockies. It has been the …
Another Death in a Wisconsin Prison by Gary Hunter "Unremarkable." That's what prison nurse Jolinda Waterman called Donnie Powe's condition when she relegated him to an observation cell. Guards perfunctorily recorded his declining health right up until he died, face down on the floor of his 6 by 8 foot …
Article • April 15, 2004 • from PLN April, 2004
Thirty Years in Segregation May State Claim by Michael Rigby The United States Court of Appeals for the Fifth Circuit upheld the denial of prison authorities' motion to dismiss based on qualified immunity because no proper determination was made as to whether prisoners' over 30 years of confinement in extended …
PLN Sues Bureau of Prisons Over ADX Censorship by On December 10, 2003, PLN sued Harry Lappin, director of the Bureau of Prisons (BOP), former director Kathleen Hawk Sawyer; Robert Hood and Michael Pugh, the current and former wardens, respectively, of the Administrative Maximum (ADX) facility in Florence, Colorado. The …
Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements by David Reutter Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements By David M. Reutter The Second Circuit Court of Appeals has held that prison officials, in assessing the reliability …
Article • November 15, 2003 • from PLN November, 2003
Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide by Correctional Medical Services (CMS), a private provider of medical services to jails and prisons, lost a jury verdict in a case brought by a former Lake County, Illinois, Jail prisoner's estate alleging that CMS violated the prisoner's constitutional rights, …
Article • November 15, 2003 • from PLN November, 2003
Video-Visits Out in New Mexico Prisons by Gary Hunter After two years, the draconian practice of video-only visitation was abolished in New Mexico prisons. "I believe we can achieve the same security goals with non-contact visits," said newly installed Corrections Secretary Joe Williams. "Keeping an inmate's family ties are important," …
Article • August 15, 2003 • from PLN August, 2003
DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection by DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection by Matthew T. Clarke The Supreme Judicial Court of Massachusetts has held that the Massachusetts Commissioner of Corrections (MCOC) may not avoid previously ordered due process review of prisoners placed in …
California Prison Policy Restricting Book Orders Enjoined by The US District Court (ND Calif.) issued a permanent injunction against officials at the maximum security Pelican Bay State Prison (PBSP) that terminated their policy requiring vendors who shipped books, periodicals, magazines or calendars to PBSP prisoners to use a prison-supplied shipping …
Article • July 15, 2003 • from PLN July, 2003
California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld by In an unpublished opinion, the Ninth Circuit Court of Appeals held that due process requires that prisoners be afforded a meaningful opportunity to present their views to the critical decision maker in administrative segregation cases. The court also …
When Prison Officials Don't Respond Administrative Remedies Are Exhausted by The U.S. Third Circuit Court of Appeals has reversed a Pennsylvania Federal District Court's dismissal with prejudice of a prisoner's 42 U.S.C. §1983 claim for failure to exhaust remedies. William Boyd a prisoner in custody of the Pennsylvania Department of …
Johnson v. CCA, TN, Complaint, inmate-inmate assault gang in ad seg, 2003 CCA-AF (6/2/14 PRA) 0276 CCA-AF (6/2/14 PRA) 0277 CCA-AF (6/2/14 PRA) 0278 CCA-AF (6/2/14 PRA) 0279 CCA-AF (6/2/14 PRA) 0280 CCA-AF (6/2/14 PRA) 0281 CCA-AF (6/2/14 PRA) 0282 CCA-AF (6/2/14 PRA) 0283 CCA-AF (6/2/14 PRA) 0284 CCA-AF (6/2/14 …
VP's Drug Dealer Retaliation Claim Ordered to Trial by In a case that has continued on and on like the Energizer Bunny, the District of Columbia has denied the Bureau of Prisons defendants' latest motion for summary judgment and ordered a trial. This case was filed in 1990 by Brett …
U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman U.S. District Court Finds Supermax Placement at Ohio Prison "Atypical and Significant Hardship" by Robert Woodman In a ruling believed to be the first of its kind, Judge James Gwin of the United States …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
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