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CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Article • July 15, 1999 • from PLN July, 1999
Exhaustion Required by A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved …
Guard Raped, Entire Texas Prison System Locked Down by A female Texas Department of Corrections (TDC) prison guard was dragged into a cell, held hostage for two hours and sexually assaulted by a prisoner armed with an 8-inch piece of sharpened metal, according to several published news accounts. The French …
PLRA Doesn't Ban Class Actions by A federal district court in Georgia held that the Prison Litigation Reform Act (PLRA) does not ban class action suits by prisoners. In the October, 1998, issue of PLN we reported the Georgia DOC's settlement of a class action suit involving the beating and …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Trial Required in Wisconsin Excessive Force Suit by Afederal district court in Wisconsin held that a trial was required to determine if excessive force was used during a prison cell search. The court held that defendant prison officials had failed to present sufficient evidence to support their motion for summary …
Spencer Applied to Parolee's § 1983 Claim by Spencer Applied to Parolee's § 1983 Claim Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these …
Felony Trial for Planted Knife Is Malicious Prosecution by Felony Trial for Planted Knife is Malicious Prosecution In an unpublished opinion, the Tenth Circuit held that a felony prosecution for possession of a knife planted by a guard in a prisoner's cell in retaliation for complaining about the guard was …
New York Prison Guard Nailed with DNA Evidence by Aformer New York state prison guard was sentenced in September, 1998, to three years imprisonment after admitting he forced a male prisoner to perform oral sex. Michael W. Roberts was a guard at the Adirondack Correctional Facility in upstate New York …
Article • January 15, 1999 • from PLN January, 1999
Utah Strip Search Suit Settled by On January 21, 1998, the Utah Department of Corrections settled a strip search lawsuit with prisoner David Hansen. Hansen had filed suit claiming his Fourth amendment rights were violated when he was handcuffed and subjected to a strip search where prison guards manipulated his …
Article • January 15, 1999 • from PLN January, 1999
BOP Visitors Subjected to Ion Scan by M L A memo has been posted alerting the population at USP-Lompoc [federal prison in Calif.] that a pilot program has been implemented whereby visitors will be scanned with a nuclear ion machine that detects "drug use". There are graduated penalties for those …
Article • January 15, 1999 • from PLN January, 1999
PLRA Immediate Termination Provisions Unconstitutional by Afederal district court in. New Jersey has declared unconstitutional the provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2)(3), permitting the immediate termination of consent decrees. In 1983, Robert Lee Denike and Kenneth Vespa, New Jersey state prisoners, sued prison officials …
Article • December 15, 1998 • from PLN December, 1998
Blanket Jail Strip Search Policy Unconstitutional by Afederal court in Utah has held that a blanket strip search policy by a jail may be unconstitutional. Kristin Foote, a motorist, was stopped, arrested, and taken to a county jail by two Utah Highway Patrol officers, one of whom was a drug …
Brief • November 20, 1998
Filed under: Strip Searches
Raffaldt v. Moore, SC, Order, Visitation Strip Search Without Cause, 1998 4:96-cv-01536-PMD Date Filed 11/20/1998 Entry Number 52 Page 39 of 39 FILED t:OV 2. e 1996 ~ IN THE UNITED STATES DISTRCT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION LARKY W. Pkllr't:>. GLI::HK CHARLESTON, SC Kathy Raffaldt …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
CT Prisoners Pinched for Cost of Imprisonment by A1995 "get tough" state law mandated that the Connecticut Department of Correction write a regulation for assessing prisoners for the cost of their incarceration In 1997, that mandate was codified into sections 18-85a-1 to 18-85a-4 of the "Regulations of State Agencies: cost …
Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
Strip Searched Massachusetts Women Settle Suit for $80,000 by On December 12, 1997, the Massachusetts DOC settled a lawsuit filed by women prisoners for a total of $80,000 plus attorney fees. The class action suit was filed in Suffolk county superior court on behalf of 112 female prisoners by Massachusetts …
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