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PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • January 15, 2003 • from PLN January, 2003
Colorado Ad-Seg Decisions Subject to Judicial Review by The Colorado Court of Appeals held that administrative segregation (ad-seg) placement decisions are subject to judicial review. Leonard Baldauf, a prisoner of the Colorado Department of Corrections, (CDOC), was placed in adseg and filed a C.R.C.P. 106(a)(4) complaint seeking judicial review of …
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
Settlement Agreement Reached in Wisconsin Supermax Suit by John E Dannenberg by John E. Dannenberg Wisconsin Department of Corrections (DOC) officials settled the 42 USC § 1983 class action civil rights suit brought by seriously mentally ill prisoners housed in the Boscobel, WI Supermax state prison by agreeing not to …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
Article • June 15, 2002 • from PLN June, 2002
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
U.S. Cited for Human Rights Violations by Gary Hunter ( On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law …
Arizona DOC's Endless Isolation of Suspected Gang Member Enjoined by Roger Smith Afederal District Court in Arizona recently enjoined Arizona Department of Corrections (ADOC) officials from indefinitely isolating a prisoner whom they suspect to be a gang member. Mark Koch, an Arizona prisoner and successful prison litigator of long standing, …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
$237,500 New York Administrative Segregation Verdict Upheld by A New York state prisoner won damages in a jury trial in the United States District Court for the Western District of New York against employees of the New York State Department of Correctional Services (DOCS) for due process violations in confining …
Article • April 15, 2002 • from PLN April, 2002
Consecutive Ad Seg Placements From Same Cause Are Aggregated for "Atypical Hardship" Analysis by John E Dannenberg Consecutive Ad Seg Placements From Same Cause Are Aggregated For "Atypical Hardship" Analysis The Second Circuit U.S. Court of Appeals held that where a prisoner suffered 670 days of administrative segregation (Ad Seg) …
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell by Silja JA Talvi In the early morning hours of February 2, 1998, at Clallam Bay Correctional Center (CBCC), Washington State prisoner Sylvester Mahone felt like he had had enough. Locked up in isolation in one …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …
Article • November 15, 2001 • from PLN November, 2001
Sandin Retroactive, But Not for Qualified Immunity; BOP Ad Seg Rule Creates Liberty Interest by The Court of Appeals for the Second Circuit held that a federal prisoner's due process rights were violated when he was placed in segregation without notice or a hearing and kept there for some 514 …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Turkish Prisoners Struggle Against Transfers by Julia Lutsky When the Turkish army stormed 20 prisons in December, 2000, a four-day pitched battle ensued during which thirty-two died _ 30 political prisoners and two soldiers. The army claimed that many prisoners set themselves afire rather than surrender; prisoners who survived allege …
Article • August 15, 2001 • from PLN August, 2001
Two Escape from Oklahoma Control Unit by Two Escape From Oklahoma Control Unit Two maximum security prisoners escaped on January 15, 2001, from the Oklahoma State Penitentiary's notorious Hunit, an underground control unit, only to be recaptured two days later. The escaped prisoners were identified by ODOC spokesman Jerry Massie …
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