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Article • November 15, 2003 • from PLN November, 2003
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case by The United States Court of Appeals for the First Circuit reversed a district court's Rule 12(b)(6) dismissal of a failure to protect action, holding that the complaint sufficiently stated a claim for failure to protect. On August 30, 1999, Jesus …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
CSC: More Misery and Misfortune by C.C. Simmons Page 1 of the August 2002 issue of Prison Legal News carried a story about Correctional Services Corporation (CSC), the scandal-ridden private prison outfit beset with self-inflicted troubles. Since that story appeared, CSC's troubles have multiplied. Consider the following: Ø In August …
Military Prisoners Cannot Sue Over Conditions of Confinement by In a landmark decision, the United States Tenth Circuit Court of Appeals, affirming the United States District Court of Kansas, has held that a military prisoner cannot sue over conditions of confinement in a military prison, even if the prisoner is …
Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton Amid numerous scandals and investigations into wrongdoing and prisoner mistreatment by staff, the director of the Snohomish County jail in Everett, WA was relieved of her duties in mid-April 2003. Corrections department director Andrea Bynum was fired due to her …
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton After four separate lawsuits were filed by prisoners serving sentences at two North Carolina juvenile facilities alleging a wide range …
Article • August 15, 2003 • from PLN August, 2003
Pregnant Wisconsin Prisoner Punished for Sexual Contact While Guard Walks Free by Lonnie Burton In December, 2002, a mentally ill female prisoner at the Taycheedah Correctional Institution (TCI) in Wisconsin was given a year of solitary confinement after being impregnated by a prison guard, while the guard, Mathew Emery, was …
Sexual Harassment Scandal Rocks Connecticut DOC by by Matthew T. Clarke The Connecticut Department of Correction (DOC) has been rocked by allegations of sexual harassment, sexual abuse, and illegal sex between guards and prisoners. The scandal began on August 8, 2002, when 15 female guards filed two separate federal class-action …
Article • July 15, 2003 • from PLN July, 2003
$13 Million Approved for Study of Prisoner Rape by A $13 million funding package has been approved for the study of prisoner rape, the first-ever federal appropriation for research on the issue. The package is part of the $397 billion federal spending bill signed by President Bush on February 20, …
Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement by The United States District Court for the Northern District of Florida, denying a defendant's motion for partial judgment on the pleadings, has held that compelled oral sex constitutes "physical injury" for purposes of the Prison Litigation Reform Act's (PLRA's) requirement that …
Guard's Prior Misconduct Wrongly Excluded from Rape Trial by The Ninth Circuit Court of Appeals held that the exclusion of evidence of a guard's prior improper sexual conduct against a former detainee warranted reversal. On Friday, January 31, 1997, Julie Ann Blind-Doan turned herself in to the Taft City Police …
Article • May 15, 2003 • from PLN May, 2003
No Escape: Male Rape in U.S. Prisons: A Human Rights Watch Report by Joanne Mariner by Alex Coolman Review by Alex Coolman In April of 2001, Human Rights Watch released a report called No Escape: Male Rape in U.S. Prison. The report, written by Joanne Mariner, contains dozens of first-hand …
Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint by Texas Prison Guard Charged with Raping Male Prisoner; Prisoner Files §1983 Complaint Nathan Essary, a slightly built 22-year-old prisoner, was gang-raped at the Rogelio Sanchez State Jail near El Paso, Texas. Following the rape, Essary was transferred …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
Article • April 15, 2003 • from PLN April, 2003
Arizona Guards Continue to Rape Prisoners by Michael Rigby Two guards at Arizona's Perryville prison are facing numerous charges, substantiated by internal investigations, of sexual misconduct with prisoners. Derrick Renard Allen was indicted in late April 2002 by a state grand jury on 8 counts of sexual assault and 2 …
Article • April 15, 2003 • from PLN April, 2003
Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …
Criminal Guards and Escaping Prisoners in Texas by On July 21, 2002, Lt. Rick McCullough was arrested for assaulting two female guards at the Riverside State Prison for women in the central Texas town of Gatesville. McCullough, 41, a Texas prison guard assigned to the nearby Woodman State Jail for …
Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado by In May 2002, the State of Maryland agreed to pay $700,000 to a Denver woman whose daughter was murdered by a parolee released from a Maryland prison and sent to a drug treatment center in Colorado. …
Woman Gang Raped in Back of Jail Van by In August 1999, four Connecticut men sexually assaulted an unnamed female prisoner while being transported together in a New Haven County Sheriff's Department van. The men, who were also prisoners, allegedly broke down a metal gate separating them from the woman, …
Sex, Drugs, and Beatings at Boston Jails by by Matthew T. Clarke A pattern of sexual abuse, bru-tality, drug smuggling, improper guard/prisoner relationships, and other official malfeasance at the jails in Suffolk County, Massachusetts, has raised serious questions about the leadership abilities of Suffolk County Sheriff Richard J. Rouse. Sex, …
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