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Article • December 15, 2009
Living with Cellmate is “Cohabitation” in Florida and Voids Alimony by Florida’s Fourth District Court of Appeals has held that a woman who was sentenced to serve nine years in prison was cohabitating with “another person” and it voided her alimony under her marital settlement agreement. That agreement provided that …
New Mexico County Immigrant Neighborhood Searches Enjoined by A New Mexico federal district court has issued a preliminary injunction that prohibits the County of Otero from engaging in “unconstitutional stops, searches, seizures, and discrimination pursuant to ‘operation Stonegarden,’” which seeks to round up illegal immigrants. Before the Court was the …
New York City Jail Conditions Still Unconstitutional a Quarter Century Later by After 25 years of litigation, officials overseeing New York City jails are still unable to provide environmental conditions that do not violate the constitutional rights of the pretrial detainees they hold. As such, a federal district court refused …
Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • December 15, 2009
One Day Delay in X-Ray of Broken Jaw Not Deliberate Indifference by The Eighth Circuit Court of Appeals held that a jail nurse’s one-day delay in having a prisoner’s broken jaw x-rayed was not deliberate indifference of a serious medical need. The ruling came in the appeal of Philander Jenkins, …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Article • December 15, 2009
Paralegal Barred from Illinois Prison by On August 22, 1983, the Seventh Circuit affirmed a lower court's decision to deny relief to Illinois prisoner Preness Crusoe. Crusoe filed a complaint against the warden of Stateville Correctional Center in Joliet, Illinois, Richard DeRobertis, for his decision to deny visitation privileges to …
Article • December 15, 2009
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Caps Attorney's Fees at 150 Percent of Judgment by After winning a $3,300 judgment, plus attorney's fees and costs, Morris Broussard, represented by attorney Timothy Borne Garrigan, filed a motion requesting a new trial pursuant to Rule 59(a) of the Federal Rules of civil Procedure. Plaintiff asserted that the …
Article • December 15, 2009
Post-Incarceration Name-Change Places Undue Burden on State by In a decision filed on June 16, 2009, a Wisconsin appeals court affirmed a circuit court's ruling to deny a prisoner's motion to amend his Judgment of Conviction to reflect his common law spiritual name. Jermaine Smith, a prisoner at the Green …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Article • December 15, 2009
Request for "Information" is Not Subject to Washington Public Records Act by Request for "Information" is Not Subject to Washington Public Records Act In a published opinion filed June 22, 2009, a Washington appellate court affirmed a lower court's ruling regarding an alleged Public Records Act (PRA) request made by …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
Article • December 15, 2009
TDCJ Agrees to Pay $55,000 in Sexual Harassment Suit by On February 17, 2004, a settlement was reached in a sexual harassment case filed against the Texas Department of Criminal Justice (TDCJ). The complaint was filed pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
Article • November 15, 2009 • from PLN November, 2009
$1.55 Million Awarded in Female Colorado DOC Prisoner’s Rape by Guard by Mark Wilson On February 3, 2009, default judgment was entered in a lawsuit filed against a Colorado prison guard who had raped and sodomized a female prisoner. Afterwards, several other individual defendants and the Colorado Department of Corrections …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Searches, Strip Searches
Texas Jail Strip Search Policy Unconstitutional by Brandon Sample O n May 19, 2009, U.S. District Court Judge Walter S. Smith, Jr. denied a motion to dismiss filed by McLennan County, Texas in a suit challenging the constitutionality of the county jail’s policy of strip searching all pre-trial detainees. The …
Article • November 15, 2009 • from PLN November, 2009
Prison Radio Beams Love, Hope and News through the Bars by Matthew Clarke by Matt Clarke Radio broadcasts aimed at prisoners are an uncommon media phenomenon in the United States. For prisoners incarcerated far from home with limited language skills and resources it can represent the only lifeline to family …
Article • November 15, 2009 • from PLN November, 2009
$395,000 Settlement in Los Angeles Jail Prisoner’s Lung Infection Death by The Los Angeles County Sheriff’s Office paid $395,000 to settle a lawsuit claiming it provided inadequate medical treatment to a prisoner, causing his death. The claim was brought by the estate of Michael Buford. When Buford, 32, was arrested …
Article • November 15, 2009 • from PLN November, 2009
From the Editor by Paul Wright As the holidays approach people should consider subscriptions to Prison Legal News or some of the books we distribute as holiday gifts. Some titles, like PLN’s first book publishing project, the Prisoners Guerrilla Handbook to Correspondence Programs in the US and Canada offers the …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
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