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$6,798 Paid for Injuries Sustained in Washington Riot by James C. Cobb and Carvell Gardner, McNeil Island prisoners, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1992, that resulted in a riot that caused death to one prisoner and unspecified to severe injuries to …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
Article • May 15, 2007
OK to Feed Hunger striking Illinois Prisoner by The Illinois Fourth District Court of Appeal affirmed a trial Court's injunction allowing prison officials at the Pontiac Correctional Center: to force feed a prisoner on hunger strike, which was began (1) Protesting his transfer to Pontiac, (2) objecting to having his …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Investigators Retaliation Claim Set for Trial by The plaintiff, an internal affairs investigator, received information that excessive force had been used by staff during a riot. His superiors complained about his report and told him to revise it. He revised it twice at their behest. Subsequently, he said, he was …
Article • May 15, 2007
Damages Awarded for Denial of Voting Rights by The Arkansas Plaintiffs were awarded $500 to $2,000 for deprivation of voting rights. The appeals court had previously said that they "should be entitled to more than nominal damages. Moreover, humiliation, embarrassment, and mental anguish are compensable." (1211) If there is an …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
ABA Recommends Congress Repeal Portions of PLRA by David Reutter by David M. Reutter The American Bar Association’s Criminal Justice Section has issued a report that “urges Congress to repeal or amend specified portions of the Prison Litigation Reform Act (PLRA).” That report was sent for approval and action by …
Article • May 15, 2007
Filed under: Organizing, Hunger Strikes
Court Orders Force Feeding of Hunger-Striker by A federal district court in New York granted a motion by the BOP to allow them to force feed a civil contemnor on hunger strike. Note that some state courts have held prisoners have a state constitutional right to refuse force feeding while …
State Not Liable for Death of Guards by The court of appeals for the Seventh circuit held that the state of Illinois was not liable for the death of three guards and the injury of three guards during a prison riot. The court held the guards had no constitutional right …
Article • May 15, 2007
Black Voters' Disenfranchisement Claims Dismissed by The U.S. District Court for the Middle District of Tennessee dismissed claims by a black, Tennessee voter and a public interest law project that a Tennessee law disenfranchising convicted felons, Tennessee Code Annotated (T.C.A.) §2-19-143, violated neither the federal Voting Rights Act, 42 U.S.C. …
Article • May 15, 2007
Tennessee Disenfranchisement Law Upheld by The U.S. Sixth Circuit Court of Appeals upheld a federal district court's dismissal of a case claiming that the Tennessee Voting Rights Act of 1981 violated the Federal Voting Rights Act Amendments of 1982 and the Fourteenth and Fifteenth Amendments to the U.S. Constitution. Charles …
$130,000 Settlement In Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center MC, after he was forced to quit his job as an internal affairs investigator, for filing a report accusing prison guards of misconduct. Bailor, was investigating charges that …
Article • May 15, 2007
$4,435 Paid in WA Riot Injuries by Carnell Garden, a prisoner at Washington's McNeil Island State Prison, filed a state tort suit alleging inadequate supervision that resulted in a race riot in September 1992, which caused him unspecified injuries. His complaint also alleged he was denied adequate and timely medical …
$2,632 Paid in WA Riot Caused Damages by James L. Cobb, a prisoner at Washington's McNeil Island State Prison, filed a state tort suit alleging inadequate supervision that resulted in a race riot which caused him unspecified injuries in September 1992. His suit also alleged he was denied adequate and …
Article • May 15, 2007
Mentally Ill PA Prisoner Forced to Accept Medical Treatment to Prevent Death by The Commonwealth Court of Pennsylvania held a prisoner may be force fed to prevent him from starving to death. The prisoner, who was being held at the Fairview State Hospital for treatment of borderline personality Disorder, stated …
Article • May 15, 2007
Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
Filed under: Organizing, Protests
Illinois Residential Picketing Statute Unconstitutional by The Seventh Circuit Court of Appeals has held that a residential picketing statute that makes the picketing of residences or dwellings a misdemeanor, with certain enumerated exceptions, violates the equal protection clause of the Fourteenth Amendment. The plaintiffs in this action were fourteen members …
Article • May 15, 2007
$2,000,000 Settlement in California Excessive Force Prison Shooting by On August 28, 1993, while imprisoned at California's Chuckawalla Valley State Prison, Kenneth Newton, 37, found himself in the middle of a riot between African-American and Hispanic prisoners. Many grabbed weapons of opportunity including weights, brooms, sticks, mop handles, and other …
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