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Article • December 15, 2004 • from PLN December, 2004
Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit by The Seventh Circuit Court of Appeals held that a prisoner's complaint need only state the prisoner's legal claim together with some indication of the time and place: detailed facts need not be supplied. Brian K. Thomson, an Illinois …
Cowboy Justice: BOP Guards Convicted by Alan Pendergast by Alan Prendergast The seven men sat around the defense table Tuesday afternoon, June 24, 2003, murmuring quietly to each other and exchanging hearty good-luck handshakes with their attorneys. The tension was thick, anticipation high. Shortly after 4 p.m., the jurors filed …
Texas Prisoner's Retaliation Claim Survives Summary Judgment by The U.S. Court of Appeals for the Fifth. Circuit reversed a district court's dismissal of a prisoner's complaint that prison officials retaliated against him for exercising his right to file a grievance. Robert Hart, 38, is a prisoner at the 2,800-man Albert …
$10,000 Awarded in Colorado Magazine Confiscation by Bob Williams A Denver Federal Judge has awarded $10,000 plus costs and attorney fees to a state prisoner whose sexually explicit magazines were confiscated for content reasons. Michael Milligan, a prisoner in the Colorado Department of Corrections (CDOC), was transferred without warning from …
Rape of Women Prisoners Rampant in Ohio by Michael Rigby The sexual assault of female pris-oners at the Ohio Reformatory for Women (ORW) in Marysville, Ohio, is shockingly commonplace, according to a report by Stop Prisoner Rape (SPR) released on December 10, 2003. The 15-page report, titled The Sexual Abuse …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided another in a series of cases about when prisoners can sue directly under 42 U.S.C. § 1983, versus when they must first employ habeas corpus proceedings, to challenge actions by prison officials. The difference is very important …
Injunctive Relief Granted for Parole Rescission Based on Free Speech by Injunctive Relief Granted for Parole Rescission Based on Free Speech U.S. District Judge Joseph E. Irenas of New Jersey recently granted Edward Forchion's request for a preliminary injunction reinstating him to New Jersey's Intensive Supervised Parole (ISP) pending trial …
New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict by by Matthew T. Clarke The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration. Robert L. Lockley, …
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned …
$177,000 Awarded in California Jail Medical Neglect Trial by John E Dannenberg by John E. Dannenberg On March 26, 2003, an Orange County, California Superior Court jury returned a verdict of $77,000 in compensatory damages against Orange County and County Sheriff Mike Carona, plus $100,000 in punitive damages, for ignoring …
PLN Sues Florida DOC Over Censorship and Writer Punishment by On January 12, 2004, Prison Legal News filed suit in federal district court in Jacksonville, Florida, against James Crosby, Secretary of the Florida Department of Corrections and Chester Lambdin, the Warden of the Charlotte Correctional Institution, Joseph Thompson, warden of …
Prison Writers Punished for Success in Connecticut and Texas by Gary Hunter Censorship has slithered like an unseen serpent into the crevices of the First Amendment and built its noxious nest in our nation's prisons. Prisons across the country, both state and federal, have singled out prison writers for persecution …
Guards Abusing Prisoners in Boston Leads to Jury Awards and Disciplinary Action by by Matthew T. Clarke Widespread reports of guards having sex with, raping, and beating prisoners in Suffolk County (MA) jails have led to the indictment of guards, firing of guards, disciplinary action against-guards, and jury awards against …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
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