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Article • August 15, 2012 • from PLN August, 2012
State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs by Mark Wilson The Washington State Court of Appeals has held that the state is entitled to statutory attorney fees following the dismissal of a personal restraint petition (PRP). After pleading guilty to witness tampering and burglary, Gregory Scott Bailey …
Article • August 15, 2012 • from PLN August, 2012
Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion by On October 14, 2010, the Fifth Circuit Court of Appeals found that Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, does not abrogate a state’s sovereign immunity when the misconduct complained of does not …
Article • August 15, 2012 • from PLN August, 2012
Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees by The Fourth Circuit Court of Appeals has held that “in an action brought under 42 U.S.C. § 1983, an offer of judgment pursuant to Fed.R.Civ.P. 68(a) which makes no mention of …
Article • August 15, 2012 • from PLN August, 2012
Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down by On March 17, 2011, the Ninth Circuit Court of Appeals granted qualified immunity to California prison officials who had denied a prisoner outdoor exercise during a 15-month lockdown precipitated by a “particularly …
Article • August 15, 2012 • from PLN August, 2012
Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions by On October 14, 2011 the Tenth Circuit Court of Appeals affirmed a district court’s denial of summary judgment, on the ground of qualified immunity, to Payne County, Oklahoma jail administrator Brandon …
Article • August 15, 2012 • from PLN August, 2012
Filed under: CMS, Medical, HIV/AIDS
First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference by The First Circuit Court of Appeals reversed the grant of summary judgment to a physician assistant at the York County Jail (YCJ) in Maine, concluding that a material dispute existed as to whether the physician assistant acted …
Article • August 15, 2012 • from PLN August, 2012
New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect by The New York Court of Appeals, the state’s highest court, has held that the fact that a defendant was convicted of a sex offense against a minor, was a level-three registered sex offender and had not …
Article • August 15, 2012 • from PLN August, 2012
New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees by The Appellate Division of the Superior Court of New Jersey has held that the attorneys who represented a class of female prisoners temporarily transferred to the all-male New Jersey State …
Article • August 15, 2012 • from PLN August, 2012
Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom by The Eleventh Circuit Court of Appeals has affirmed a district court’s grant of summary judgment on the grounds that the plaintiff’s evidence, which indicated a single case of a constitutional violation, did not prove a private medical provider …
Texas Teenager Killed at Private Juvenile Detention Center by Matthew Clarke by Matt Clarke On October 10, 2011, 14-year-old Jordan Adams was found unconscious on the floor of his isolation cell at the Granbury Regional Juvenile Justice Center (GRJJC) in Granbury, Texas. A sheet was wrapped around his neck. He …
Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review by Individualized decisions related to the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP) are not subject to judicial review under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Ninth Circuit has …
Article • August 15, 2012 • from PLN August, 2012
Filed under: Sentencing, Good Time
No Good Time for Time Spent in State Custody before Imposition of Federal Sentence by Good conduct time (GCT) may not be awarded to a federal prisoner for time spent in state custody before receiving his federal sentence, the U.S. Court of Appeals for the Ninth Circuit has held. Russell …
Article • August 15, 2012 • from PLN August, 2012
Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations by Matthew Clarke by Matt Clarke On April 13, 2011, a Washington state Court of Appeals held that money paid to Class II prison workers counted as “wages” for purposes of calculating …
Article • July 15, 2012
Filed under: Civil Procedure, Service
Second Circuit Affirms Dismissal of Bivens Action Based upon Improper Service of Process by By Derek Gilna In a case decided in the United States Court of Appeals for the Second Circuit on August 30, 2010, the court affirmed the district court decision dismissing a Bivens action on the grounds …
Article • July 15, 2012
Vermont Guard-Lovers Barred From Working Same Shift by The Vermont Supreme Court upheld a Labor Relations Board (LRB) decision prohibiting a prison guard from working the same shift as her domestic partner. Since 1999, Charles Cross has worked as a Correctional Facility Shift Supervisor (CFSS) at Vermont's Northwest State Correctional …
Washington Cop Retaliation Nets $1.65 Million by On September 4, 2008, Vancouver, Washington officials agreed to pay a nationally decorated police officer $1,650,000 to settle racial discrimination and retaliation claims. In 2000, Officer Navin Sharma of the Vancouver Police Department (VPD) filed a racial discrimination complaint with the Equal Employment …
Article • July 15, 2012
Washington DOC Can Collect Incarceration Fees Waived by Trial Court by The Washington State Supreme Court has held that the Department of Corrections (DOC) “has independent statutory authority to collect costs of incarceration regardless of the trial court’s waiver of costs of incarceration in the judgment and sentence.” Additionally, it …
Article • July 15, 2012
Filed under: Organizing, Hunger Strikes, Food
Washington Force-Feeding Interests Outweigh Prisoner's Privacy Rights by The En Banc Washington State Supreme Court held that the State's interests in force feeding a prisoner outweighed his constitutional right to refuse artificial means of nutrition and hydration. In July 2004, Charles R. McNabb was transferred from the Spokane County Jail …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • July 15, 2012
Filed under: Medical, Dental Care, Surgery
Seventh Circuit Court of Appeals Reinstates Prisoner's Deliberate Indifference Claim against Illinois Prison Medical Officials by By Derek Gilna In a decision published in July, 2010, the Seventh Circuit Court of Appeals vacated and remanded a decision from the United States District Court for the Southern District of Illinois. The …
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