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Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Texas Sex Slave Sues Prison System for Failure to Protect by For more than a year, Roderick Johnson was regularly and brutally raped and sexually abused while confined in a Texas state prison. In April 2002, Johnson filed a lawsuit under 42 U.S.C. §1983 where he complained that prison officials …
Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review by The Sixth Circuit Court of Appeals has ruled that it is without jurisdiction to hear an interlocutory appeal on qualified immunity issues where material facts are in dispute. The Court of Appeals let stand most of a …
Ill Treatment on Our Shores by Anne-Marie Cusac ( On October 24, 2001, Muhammed Butt died of a heart attack at the Hudson County Correctional Center in Kearny, New Jersey. Butt, a Pakistani national, was detained on September 19 by the FBI as a suspect connected with the September 11 …
Oklahoma Jailhouse Informants Settle Failure to Protect Suit for $80,000 by Federal prisoners Curtis Sherfield and Hugh Grayson, who were being held at the Oklahoma County jail on federal drug charges, were given a total of $80,000 in December 2001 to settle their lawsuit against the county after they were …
CCA Conditions Claim Not Frivolous by The Sixth Circuit Court of Appeals has reversed a Tennessee Federal District Court's dismissal of a prisoner's 42 U.S.C. §1983 claims as frivolous, vacating and remanding part of the lower court's decision with instructions. David Dellis is a Wisconsin prisoner who was for a …
Statute of Limitation Tolled by Administrative Exhaustion by The Eleventh Circuit Court of Appeals for the has reversed and remanded for a district court to decide, in the first instance, whether the statute of limitations is tolled by a prisoner's satisfaction of the mandatory exhaustion requirements of 42 U.S.C. § …
Brief • July 26, 2002
Garza v. US, TX, Complaint, Failure to Protect, 2002 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 1 of 4 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 2 of 4 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 3 of 4 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 4 of 4
Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings by A Texas state prisoner won $130,000 in damages after it was shown that he was denied medical care and not protected from violent prisoners while held at Williamson County Jail near Austin. Martin DiCarlo, 39, filed suit in U.S. …
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
Jail Policy to Not Segregate Gangs Does Not Violate Constitution by John E Dannenberg Jail Policy To Not Segregate Gangs Does Not Violate Constitution by John E. Dannenberg The Seventh Circuit US Court of Appeals ruled that the Cook County (Chicago), Illinois jail did not violate the Constitution by failing …
Denial of Grievance Forms Is Denial of Remedy by The Court of Appeals for the Eighth Circuit held that a prisoner's "Motion to Reinstate Cause" after dismissal of a 42 U.S.C. §1983 action alleged facts to raise an inference he had exhausted his "available" remedies. While an Arkansas Department of …
Eighth Amendment Challenge to California Integrated Yard Policy Is Triable by Marvin Mentor In a California prisoner suit claiming cruel and unusual punishment for the prison's "integrated yard" policy, the Ninth Circuit US Court of Appeals ruled that the factual question presented could proceed to trial, thus rejecting prison defendants' …
$400,000 Settlement in Oklahoma Jail Failure to Protect Suit by On April 19, 2001, the insurer for the Garfield county jail in Oklahoma agreed to pay $400,000 to a former jail prisoner who was attacked and beaten by his cellmate. On April 26, 1998, Larry Thomas, then 58, was imprisoned …
Failure to Protect States Claim in High Profile Case by The Court of Appeals for the Seventh Circuit has held the failure to protect a pre-trial detainee in a highly charged and well-publicized case states a claim. Morritz Weiss, a white male, was the principal suspect in the rape of …
Johnson v. Johnson, TX, Complaint, Rape by Prisoner, 2002 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION RODERICK KEITH JOHNSON (#623028), Michael Unit, Tennessee Colony, Texas, ) ) ) Plaintiff, ) ) v. ) ) GARY JOHNSON, Executive Director, Texas ) Department of …
New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed by A prison guard's motions for summary judgment and dismissal of a prisoner's 42 USC § 1983 action were denied after a federal district court found that further discovery was required and the prisoner's failure to follow orders …
CCA Settles New Mexico "Failure To Protect" Suit For $41,885 by CCA Settles New Mexico "Failure To Protect" Suit For $41,885 In February 2001, representatives for the Corrections Corporation of America (CCA) agreed to settle a prisoner lawsuit for $41,885. Marco Lopez filed the suit in a federal district court …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Arizona CCA Prison Found 'In Turmoil' by Ronald Young Hawaii officials found a prison "in turmoil" while inspecting a Florence, Arizona prison where about 560 Hawaii prisoners are being warehoused. The prison is operated by Nashville based Corrections Corporation of America. An inspection of the prison conducted in April 2001 …
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