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$6.5 Million Spent in California Sexual Harassment Suit by by W. Wisely The cost to California taxpayers will top $6.57 million in a sexual harassment suit judgment handed down November 30, 1997, against the Department of Corrections. The amount included $2 million in damages, $1.8 million paid to private defense …
Article • May 15, 1998 • from PLN May, 1998
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Article • April 15, 1998 • from PLN April, 1998
Even Nominal Damages May Justify Attorney Fee Award by The court of appeals for the seventh circuit held that a verdict of only $500 did not, by itself, justify a denial of an attorney fee award, even though the suit broke no new ground in law regarding police abuses. Although …
Rural Prison as Colonial Master by Christian Parenti In 1964, a tsunami swept over Crescent City, California completely destroying the downtown. Only nine people died, but the town -- nestled just below the Oregon border -- never recovered. It was rebuilt as a shabby imitation of California's worst planning examples; …
Article • March 15, 1998 • from PLN March, 1998
Peruvian Lawyers Arrested by Between November 18-21, 1997, in Lima, Peru, agents of the Peruvian political police, DINCOTE, arrested lawyers Ernesto Messa Delgado, Carlos Gamero Quispe, Luis Ramon Landaure and Teodoro Bendezu Montes. The arrestees' family members said they were given no reason for the arrests and noted that the …
Failure to Protect Informant Violates 8th Amendment by The court of appeals for the third circuit held that prison informants have an eighth amendment right to be protected from the consequences of their informing and that a lower court erred in failing to appoint counsel. Jerome Hamilton is a Delaware …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
Washington "Bulk Mail" Ban of PLN Struck Down by Since PLN began publishing in 1990 it has experienced sporadic attempts at censorship by the Washington DOC. This has ranged from a statewide ban of the first three issues to harassment of the editors. Unable to articulate a threat to "legitimate …
Former Warden Wins Suit Against TDCJ by An Anderson County, Texas, jury found that former Beto I Unit warden Terry Terrell was fired because he reported corruption and violations of the law by other employees of the Texas Department of Criminal Justice (TDCJ). The jury deliberated for nearly four hours …
Dismissal for Derelict Lawyer Reversed by Arizona prisoner (name withheld) The court of appeals for the fifth circuit held that a district court abused its discretion when it dismissed, with prejudice, a prisoner's lawsuit as a sanction for his appointed counsel's dereliction. Tyronne Clofer, a Louisiana state prisoner, filed suit …
Article • January 15, 1998 • from PLN January, 1998
Attn: Lawyers in Prison by Calfornia Lawyer , a legal trade magazine, is planning an article on incarcerated attorneys. We are looking for anyone who was a member of the California State Bar and who is serving time in a state or federal prison. The article will address issues that …
$135,000 Award in Beating Affirmed, Municipal Liability Reversed by The court of appeals for the District of Columbia circuit affirmed the award of $135,000 in damages to a prisoner beaten by prison guards, but it reversed an attorney fee award premised upon municipal liability. Robert Triplett, a D.C. prisoner, had …
Frivolous State Litigation by Paul Wright By Paul Wright The court of appeals for the eighth circuit held that a prisoner's demotion from administrative to punitive segregation did not implicate any federal due process liberty interest. We would not normally report this case because it involves no new or novel …
Article • December 15, 1997 • from PLN December, 1997
Alabama AG Moves to Dissolve 17 Consent Decrees by Alabama Attorney General Bill Pryor and state Prison Commissioner Joe Hopper went into federal courts across the state July 2, 1997, moving (under provisions of the PLRA) to dissolve consent decrees governing conditions at three state prisons and 14 county jails. …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
Arizona DOC Contempt Fines Affirmed by In the July, 1996, issue of PLN we reported Hook v. Arizona, 907 F. Supp. 1326 (D AZ 1996) where the court held Arizona DOC officials In contempt for refusing to pay the fees for special masters appointed by the court to oversee implementation …
ADA Suits Not Affected by PLRA Attorney Fee Caps by John Emry There is a great deal of talk and litigation about the Prison Litigation Reform Act which was part of the Omnibus Consolidated Rescissions and Appopriations Act of 1996 (PL 104-134, 110 Stat 1321 (1996)). One aspect of the …
Experiment in Access: Law Libraries Eliminated in Arizona Prisons by O'Neil Stough The August 1996, issue of PLN reported Lewis v. Casey, 116 S.Ct. 2174 (1996). The Lewis court, though not explicitly overturning Bounds v. Smith, 430 US 817, 97 S.Ct. 1491 (1977), redefined the meaning of "court access" as …
$5,000 Verdict for Snitch Jacketing Affirmed by The court of appeals for the tenth circuit affirmed a $5,000 judgment in favor of a jail prisoner who was assaulted after a guard told other prisoners he was a snitch. The court also affirmed an award of $93,649.61 in attorney fees and …
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