$345,000 Settlement in Pennsylvania Jail Rape Suit by $345,000 Settlement in Pennsylvania Jail Rape Suit On September 11, 2002, Bucks County, Pennsylvania, agreed to settle a federal lawsuit brought by seven female county jail prisoners who were raped by male jail staff by paying them $345,000. The rape of female …
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 …
Prisons Experience Outbreaks of Infectious Disease by Michael Rigby Prisons in Vermont and Pennsylvania dealt with serious outbreaks of infectious disease this past August resulting in the disinfection of an office complex and the filing of a class action lawsuit, respectively. Vermont In late July 2002, an outbreak of Legionnaire's …
Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner by Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner The U.S. Third Circuit Court of Appeals has upheld the jury verdict and damages award in a Pennsylvania case involving the assault of a state prisoner by guards. [PLN, …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
Scrubbing Abu Ghraib Away by Mumia Abu-Jamal SCRUBBING ABU GHRAIB AWAY by Mumia Abu-Jamal If persistent news tips are correct, the U.S. Army's report on the barbarities at Iraq's Abu Ghraib prison will lodge blame for the events there at the rank of colonel and below, and no real bigwigs …
Third Circuit Sets High Standard for Supervisory Liability by by Matthew T. Clarke The court of appeals for the Third Circuit has set a very high standard for proving supervisory liability in a case involving a guard who repeatedly sexually assaulted female juvenile prisoners over the course of several years. …
$15,555 Awarded to Beaten Pennsylvania Prisoner by On July 15, 2002, a federal jury awarded $15,555 to prisoner Corey Jones. Jones was a minimum security state prisoner who was subpoenaed to testify at a hearing in Bucks County, Pennsylvania. Jones was shackled and handcuffed when he had an exchange with …
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
Pennsylvania Jail Settles Retaliation Suit for $10,000 by In April, 2000, the Schuylkill County Prison in Pennsylvania, paid $10,000.00 to settle a law suit filed by pro se prisoner, Michael Andrew Spina. Spina complained that he was retaliated against by jail officials and other staff for filing a previous law …
Third Circuit Vacates $300,000 Beating Award, Orders New Trial by by Matthew T. Clarke The Third Circuit Court of Appeals has vacated a $300,000 jury award in a prisoner's excessive-use-of-force suit and ordered a new trial for liability and damages. Raymond T. Pryer, a Pennsylvania state prisoner, filed a civil …
Pennsylvania Ban on Sex Between Staff and Prisoners Struck Down by On December 10, 2001, Montgomery county court judge Marino Rossanese struck down as unconstitutional a 1998 Pennsylvania law that bans sex between prisoners and prison and jail employees. The ruling came in the case of Eileen Mayfield, 43, a …
En Banc Third Circuit Defines Religious Standard by by Matthew T. Clarke The federal Court of Appeals for the Third Circuit sitting en banc has ruled that the centrality of a religious belief to a prisoner's religion is not a factor in whether the belief must be accommodated by prison …
Pennsylvania Youths Have No Right to Education by The Court of Appeals for the Third Circuit has held that Pennsylvania youths sentenced as adults and sentenced to county detention centers have no right to an education. This was a class action suit filed by school-aged youths against the Pennsylvania Department …
Pennsylvania's Released Felons Granted Right to Register to Vote by An intermediate court of appeals in Pennsylvania struck down a voter registration law that prohibited convicted felons from voting for 5 years after their release from prison. Lorenzo Mixon and five present and former prisoners filed a lawsuit challenging Pennsylvania …
Third Circuit Holds PLRA Bars Claims for Compensatory Damages by Third Circuit Holds PLRA Bars Claims For Compensatory Damages by Matthew T. Clarke The Third Circuit Court of Appeals has held that although the Prison Litigation Reform Act (PLRA) barred a prisoner from recovering compensatory damages for violations of his …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Denial of Habeas Corpus Parole Challenge Reversed 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 that the Parole …
ALEC in the House: Corporate Bias in Criminal Justice Legislation by Brigette Sarabi The past twenty years have marked a dramatic shift to more harsh criminal justice policies. While it is common knowledge that politicians beat the "tough on crime" drum to win elections, one has to wonder where they …
