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Utah Prison Guard Faces Sodomy Charges by In a bizarre case involving the use of DNA fingerprinting, a 34-year-old Utah prison guard was charged with sexually assaulting two prisoners at the Utah State Prison in Draper. After months of allegedly being forced to perform oral sex on the guard, a …
Corcoran Prison Sex, Lies, and Videotape by Willie Wisely by W. Wisely Iheard yelling and screaming. I heard batons hitting," Connie Foster told California lawmakers at a joint legislative hearing into brutality at Corcoran prison July 28, 1998. Foster, who worked at the prison from 1987 to 1996, spoke quietly …
Amnesty International Seeks Human Rights Abuse Info by Amnesty International Seeks Human Rights Abuse Info Amnesty International (A.I.) is working on a comprehensive report on human rights in the United States, inclusive of prisons, jails, and immigration detention centers. The primary purpose of this report is to document where there …
An End to Silence by Paul Wright An End to Silence: Women Prisoners' Handbook on Identifying and Addressing Sexual Misconduct is a 67 page booklet published by the National Women's Law Center. The booklet is designed for women prisoners, their advocates, prison officials and attorneys. It contains chapters on recognizing …
Presence of Prison Rape in Utah Denied by Julia Lutsky Early in 1996 Utah's Legislature mandated that state prison hospitals achieve national accreditation. Consequently, the National Commission on Correctional Health Care (NCCHC) was given a three-day review of Utah prison medical records and a tour of Utah prisons, including interviews …
Sexual History Evidence Limited in Rape Suit by Afederal district court in New Mexico held that private prison officials were limited in what questions they could elicit about a prison rape victim's sexual history. Tanya Giron is a prisoner who was forcibly raped by private prison guard Danny Tor2ez while …
Article • June 15, 1998 • from PLN June, 1998
Parolee Must Receive Morrissey Hearing by A parolee who is convicted of a new crime has a due process right to a parole revocation hearing that fulfills all six requirements of accurate fact-finding set out in Morrissey v. Brewer , 408 U.S. 471, 92 S.Ct. 2593 (1972). William John was …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
Article • April 15, 1998 • from PLN April, 1998
$450,000 Award in Sexual Assault Case Not Excessive by The court of appeals for the second circuit held that a $250,000 compensatory damage award against a county jail security director for sexually abusing a prisoner was not excessive. However, the court held that the $500,000 punitive damage award was, reducing …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
Brief • April 2, 1998
Lucas v. White, CA, Plf Memo in Support of Mot for Atty Fees, BOP Sexual Assault, 1998 1 2 3 4 5 ROSEN, BIEN & ASARO, LLP MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 LAW OFFICES OF GERI L. GREEN …
Article • March 15, 1998 • from PLN March, 1998
West Virginia Jailers Sentenced to Prison by Former Grant County, West Virginia, sheriff John Leatherman, 39, was sentenced October 14, 1997, to six years in the state penitentiary on a civil rights count and one year in the county jail on a battery count. Leatherman pleaded no contest in a …
Lucas v. White, CA, Settlement Agreement, Abuse of Inmates, 1998 i v. White • • • • • • • ! ! • H • H PC-CA-009-001 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN LUCAS, ET AL., Plaintiffs, 8 …
The Abuse of U.S. Women Prisoners by Julia Lutsky It is really like this dirty little secret that everyone in corrections knows about and doesn't want to talk about. It is a huge problem." The words are those of Brenda Smith, senior counsel of the National Women's Law Center quoted …
Jury Awards $201,501 to Raped Indiana Prisoner by John Emry By John Emry Graylon Bell was placed in the Plainfield Correctional Facility operated by the Indiana Department of Correction in January of 1994. Shortly after, another prisoner, Grady Vaxter, started hitting on Bell hinting Vaxter was interested in Bell and …
Private Transportation Firms Take Prisoners for a Ride by Alex Friedmann by Alex Friedmann Many of the hundred-thousand-plus prisoners of the Federal Bureau of Prisons (BOP) are familiar with the BOP's buses that shuttle convicts around the country. The federal government also maintains a fleet of a dozen planes designated …
Fifth Circuit Reverses Scott by The court of appeals for the fifth circuit, sitting en banc, reversed its prior holding in Scott v. Moore, 85 F.3d 230 (5th Cir. 1996) [PLN, June, 1997] that inadequate jail staffing violated the due process rights of a woman detainee who was repeatedly raped …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Article • October 15, 1997 • from PLN October, 1997
U.S. Sues Prisons in Arizona and Michigan by In February 1997, the Justice Department filed separate lawsuits in U.S. District Court in Phoenix and Detroit alleging that state-run prisons in Michigan and Arizona fail to protect female prisoners from sexual assaults committed by prison guards and staff. At the Arizona …
Farmer Loses at Jury Trial by In the July, 1994, issue of PLN we reported Farmer v. Brennan, 114 S.Ct. 1970 (1994), where the supreme court held that prisoners have an eighth amendment right to be protected by prison officials from rape or attack by other prisoners. Farmer proceeded to …
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