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Article • May 15, 2007
Filed under: Medical, Blood, Hepatitis, Complaints
Ninth Circuit: Prisoner May Amend Complaint To Allege Deliberate Indifference by The U.S. Ninth Circuit Court of Appeals held that an Arizona state prisoner, who alleged he contracted hepatitis from a blood plasma drawing procedure and that upon diagnosis he was not adequately treated by prison medical staff, should be …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Article • May 15, 2007
Abstract Advocacy of Violence Protected Speech; Gang Conviction Reversed by The Ninth Circuit Court of Appeals affirmed an Arizona District Court's grant of habeas corpus invalidating a conviction for participating in street gang activity. Jerry Dean McCoy is a former California gang member that was convicted by an Arizona state …
Article • May 15, 2007
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
Article • May 15, 2007
11th Amendment Bars Damages Under Rehabilitation Act by Damage claims under the Rehabilitation Act are barred by the Eleventh Amendment. Prior authority holding that the acceptance of federal funds constitutes a waiver of Eleventh Amendment protection under the Spending Clause is overruled by the Supreme Court's decision in College Savings …
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Sati by AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed …
Article • May 15, 2007
Undisclosed Settlement in Arizona Mistaken Identity Arrest by Tiburcio Serna Galvan was an agricultural worker when he was arrested in August 1995 in the state of Washington on an Arizona narcotics/traffic warrant. Prior to his arrest, his wallet and identification was stolen. After he was transported to Arizona's Maricopa County …
Joe Arpaio: America’s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe Arpaio: America?s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe M. Arpaio, the head lawman over Maricopa County, Arizona, bills himself as "America's Toughest Sheriff." While "toughest" may be subject to debate (literally -- in September, 2006 …
Article • March 15, 2007 • from PLN March, 2007
Maricopa County, Arizona, Abandons Restraint Chairs Following Deaths, Multimillion Dollar Payouts by Michael Rigby After three prisoner fatalities and two wrongful death payouts totaling $17.25 million, Sheriff Joe Arpaio of Maricopa County, Arizona, has finally discontinued the use of restraint chairs in county jails. On August 21, 2006, Arpaio told …
Brief • December 12, 2006
Powell v. Ellis, AZ, Injunction, Unconstitutional Mailroom Policy, 2006
Article • November 15, 2006 • from PLN November, 2006
Corruption in Arpaio's Office: AZ County Continues Paying Convicted Sheriffs Sgt. by Gary Hunter Corruption in Arpaios Office: AZ County Continues Paying Convicted Sheriffs Sgt. by Gary Hunter On August 2, 2005, Maricopa County Sheriff's Sgt. Leo Richard Driving Hawk, Sr. pleaded guilty in Federal District Court in connection with …
Article • November 15, 2006 • from PLN November, 2006
Ex-Con Denied Admission To AZ Bar by The Arizona Supreme Court has upheld the State Committee on Character and Fitness (Committee) denial of a convicted murderer's application for admission to the State Bar. James Hamm served over 17 years in the Arizona prison system for a first degree murder he …
$9 Million Jury Award In Arizona County Jail Death by John Dannenberg by John E. Dannenberg A federal jury awarded $9 million to the family of a Scottsdale, Arizona prisoner who suffocated in a restraint chair in the Maricopa County Jail (MCJ) in 2001. Found negligent and liable were Sheriff …
Article • July 15, 2006 • from PLN July, 2006
Arizona Jail Prisoners Not Pretty in Pink by Gary Hunter Paraded in pink boxers, pink flip-flops and pink handcuffs more than 2,600 Arizona prisoners walked four blocks to new jail facilities in downtown Phoenix. Most moved from the Madison Street Jail, which closed for remodeling, to either the Towers Jail, …
Arizona Prisoners Mortality Report Confidentiality Not Federally Protected by John Dannenberg Arizona Prisoners Mortality Report Confidentiality Not Federally Protected by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals declined Maricopa County, Arizonas invitation to keep mortality reports on prisoners confidential. Charles Agster was arrested and booked into the …
Article • April 15, 2006 • from PLN April, 2006
Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million by The city of Phoenix, Arizona, will pay $3 million to settle a lawsuit brought by a man who spent more than a decade in prison for a murder he did not commit. The settlement, approved by the city council …
Arkansas Juvenile Prisons Cornell Kills a Prisoner, Hires Guard DOC Fired by by Matthew T. Clarke Arkansas paid Cornell Corporations of Houston, Texas, $9.5 million a year to manage the Alexander Youth Services Center in Pine Bluff, Arkansas. What they got for their money was a prison that killed by …
Article • December 15, 2005 • from PLN December, 2005
Politics Keeps Arizona Clemency Approvals Rare by by John E. Dannenberg Only seven Arizona prisoners were granted clemency in 2004, four of whom were on their death beds. This gaunt statistic is the natural progression resulting from Arizona's abolishing parole a decade ago, replacing justice with politics in the form …
Article • September 15, 2005 • from PLN September, 2005
Inside the American Correctional Association by Silja JA Talvi by Silja J.A. Talvi [Ed. note: Prison Legal News goes undercover at the American Correctional Association's 2005 winter conference in Phoenix, Arizona. It's just business," as one prison medical administrator puts it. And what a surreal business it is.] There is …
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