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Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island by In a brief opinion, the United States Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Western District of Washington which required a "less restrictive alternative" facility to …
Article • July 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Article • July 15, 2008
Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners by Suffolk County (New York) Jail prisoner Donato Manicone brought federal civil rights action against the jail for denial of medical assistance and claimed that he was denied access to newspapers. The medical claim was dismissed as not factual but …
Ventura County Jail Restraint Chair Use Enjoined; Class Certified by The plaintiffs complained of abuse of restraint chairs, e.g., being strapped into them for asking questions and not being let out to go to the bathroom. The plaintiffs had standing to seek an injunction concerning the use of restraint chairs …
Court Terminates MA Civil Commitment Center Injunction by The Massachusetts Treatment Center for Sexually Dangerous Persons is not a "prison" and persons civilly committed to it are not "prisoners" for purposes of the PLRA judgment termination provisions Persons committed to it received indeterminate sentences of one day to life to …
Article • March 15, 2008 • from PLN March, 2008
California DOC and Joint-Venture Contractor Owe Over $1.8 Million in Attorney Fees for Protracted Suit Granting Prison Workers Prevailing Wage by John Dannenberg by John E. Dannenberg The California Court of Appeal, 4th District, has upheld the San Diego Superior Court’s award of $1,257,258.60 in attorney fees incurred during drawn-out …
PLN Obtains Injunction Against Fulton County Jail in Censorship Suit by Alex Friedmann On February 4, 2008 the U.S. District Court for the Northern District of Georgia (Atlanta Division) granted a preliminary injunction in a lawsuit filed by Prison Legal News over censorship at the Fulton County Jail. PLN brought …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
Article • December 15, 2007
Alabama Court Allows City Clerk's Addition To Records Request Statute by Alabama citizen and suit representative Kay Blankenship appealed a 1991 court ruling delaying her petition for injunction and allowing Hoover City Finance Director Richard Smith to require written reasoning for public records requests. Blankenship refused to comply and brought …
Article • December 15, 2007
Alabama Court Orders Birmingham Police Department, City Council Audit Reports Disclosed by Birmingham, Alabama, City Council Director Hoyt Bedingfield appealed a permanent court injunction grant to the Birmingham News Company (media) requiring the production of two internal audit reports. The court affirmed judgment because the reports were "public writings" subject …
Article • December 15, 2007
Massachusetts’ Corrections Commissioner Has Duty to Comply with Court’s Transfer Order by Massachusetts' Corrections Commissioner Has Duty to Comply with Court's Transfer Order The First Circuit Court of Appeals has held that a district court has authority to order a Corrections Commissioner to transfer prisoners to create constitutional conditions. That …
Article • November 15, 2007 • from PLN November, 2007
Oklahoma Court Orders Sentenced Prisoners Transported to Prison by The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within …
United States Sues Georgia County Jail over Unconstitutional Medical and Living Conditions by John Dannenberg by John E. Dannenberg Using its investigative powers under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, the U.S. Dept. of Justice (DOJ) investigated conditions at the Terrell County, Georgia jail …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Article • July 15, 2007 • from PLN July, 2007
Washington State’s Federal Oversight of Sexually Violent Predators Ended by John Dannenberg Washington State's Federal Oversight of Sexually Violent Predators Ended by John E. Dannenberg After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator …
Article • June 15, 2007 • from PLN June, 2007
The Political Economy of Prison and Jail Litigation by Margo Schlanger by Margo Schlanger* This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great …
Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
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