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Article • May 15, 2007
Private Prison State Actor for Liability Purposes by In an unpublished ruling, the court of appeals for the Tenth circuit upheld dismissal of a New Mexico prisoner's claim that he was unlawfully transferred from a state prison to one run by a private, for profit company. Judge McKay concurred with …
Prisoner's Transfer Enjoined Until Hearing to Determine Motivation by A federal district court issued a temporary injunction enjoining Connecticut state prison officials from transferring a prisoner, who was a reporter and columnist for a local newspaper. Prison officials contended the prisoner was not safe in administrative confinement or population from …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Article • May 15, 2007
Prisoner Legal Advisor's Transfer Upheld by The plaintiff, an inmate legal advisor, alleged that he was reclassified and transferred in retaliation for filing grievances. At 1037: In this case, the Warden terminated Smith from his position as inmate legal advisor and transferred him to another prison because of his aggressive …
Brief • December 11, 2006
Anderson-Bey et al v. District of Columbia, DC, Opinion, 8th Am bus conditions, 2008 Case 1:00-cv-02000-RCL Document 112 Filed 12/11/2006 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNETH ANDERSON-BEY, et aL, ) ) Plaintiffs, ) ) v. ) DISTRICT OF COLUMBIA, et al. Civil …
Brief • November 15, 2006
Filed under: Transfers, Commissary
Sample v. BOP, DC, Complaint, FOIA phones ITS transfers and commissary, 2008 Case 1:06-cv-00715-PLF Document 22 Filed 11/15/2006 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE DISTRICT OF COLUMBIA BRANDON C. SAMPLE, § and § BERNARD SHAW, § v. § FEDERAL BUREAU OF …
Article • July 15, 2006 • from PLN July, 2006
BOP Transfers Unescorted Prisoners On Civilian Buses, Some Escape by Matthew Clarke by Matthew T. Clarke In a little-known program, the federal Bureau of Prisons (BOP) has been allowing unescorted prisoners to transfer between prisons using Greyhound and other civilian buses. Not surprisingly, some never show up at their destination. …
Article • July 15, 2006 • from PLN July, 2006
Hurricane Threat Forces Texas Prison Evacuations, Damage Worsens Overcrowding by Michael Rigby As Rita churned westward through the Gulf of Mexico, at times a monstrous Category 5 hurricane with wind speeds of 175 mph, officials with the Texas Department of Criminal Justice (TDCJ) ordered the evacuation of entire prisons in …
Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
Article • July 15, 2006 • from PLN July, 2006
Arizona Jail Prisoners Not Pretty in Pink by Gary Hunter Paraded in pink boxers, pink flip-flops and pink handcuffs more than 2,600 Arizona prisoners walked four blocks to new jail facilities in downtown Phoenix. Most moved from the Madison Street Jail, which closed for remodeling, to either the Towers Jail, …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
Article • February 15, 2006 • from PLN February, 2006
Washington DOC Must Ship Prisoners' Property For Free by The Washington State Supreme Court (Supreme Court) has re-instated a lawsuit challenging Department of Corrections (DOC) Policy 440.000 (Policy). The Policy requires prisoners who are transferred to another prison to pay shipping costs for their property. Lonnie Burton, Gordon Lebar, James …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Article • December 15, 2004 • from PLN December, 2004
International Red Cross Suspects U.S. Hiding Foreign Detainees by The International Red Cross (IRC) said on July 13, 2004, that it suspects the United States is hiding foreign detainees in prisons throughout the world. According to Antonella Notari, spokeswoman for the International Committee of the Red Cross, terror suspects that …
Connecticut Settles Wrongful Death Lawsuit for $2.9 Million by Michael Rigby Connecticut Settles Wrongful Death Lawsuit For $2.9 Million by Michael Rigby On April 4, 2002, the State of Connecticut agreed to settle for $2.9 million a lawsuit arising from the wrongful death of Timothy Perry, a mentally ill man …
Article • September 15, 2004 • from PLN September, 2004
Federal Halfway House Litigation by Todd Bussert by Todd Bussert, Esq.* In Decemberr 2002, a shock wave reverberated through the federal prison system, when the Bureau of Prisons (BOP) announced radical changes in its policy on when it will allow prisoners to serve some or all of their sentences in …
Article • May 15, 2004 • from PLN May, 2004
Washington Medical Claim Reinstated by The U.S. Ninth Circuit Court of Ap-peals reversed part of a grant of summary judgment to Washington State Penitentiary (WSP) officials in an Eighth Amendment challenge of WSP medical policies and practices. WSP prisoner Garrett Linderman sued WSP officials under 42 U.S.C. § 1983 for …
Article • December 15, 2003
Heck Inapplicable to Halfway House Suit by The United States Court of Appeals for the District of Columbia Circuit reversed a lower court's dismissal of a prisoner's suit, for failure to state a claim. The court held that the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 488-87 …
Court Orders Hospitalization for Federal Pretrial Detainee by A federal court in Maryland held that a federal pretrial detainee was entitled to be transferred to a hospital or infirmary for the duration of his pretrial detention due to inadequate medical care while in custody of U.S. Marshals. Trevor Wallen, a …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
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