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Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Article • May 15, 2008
Filed under: Civil Procedure, Damages
Subjective Knowledge Required for Punitive Damages by Under the Supreme Court's Kolstad decision, there must be proof of evil motive or reckless or callous indifference, meaning subjective knowledge that the defendant may be acting in violation of federal law. As a result, prior law holding that in civil rights cases …
Article • May 15, 2008
Father May Sue for Mentally Ill Son’s Jail Assault by Father May Sue for Mentally Ill Son's Jail Assault The plaintiff brought suit as "next friend" of his son, who was assaulted in jail and who he alleged was mentally incompetent. The defendants objected to his doing so because no …
Concealment of Medical Experiments Tolls Statute of Limitations by The plaintiffs sued over medical experiments ("boron neutron capture therapy") performed on their terminally ill relatives in the 1950s and then covered up. The right of access to courts is violated when government officials wrongfully and intentionally conceal information crucial to …
Article • May 15, 2008
No Cause of Action Under International Law for Medical Experiments by Plaintiffs complaining about being subjected to medical experiments in a mental hospital "have not established a cause of action for civil responsibility for crimes against humanity." (42) Although international law "is an inseparable part of American jurisprudence and as …
Article • May 15, 2008
Maryland Prison Officials Get Qualified Immunity for Prisoner “Retake” Orders by Maryland Prison Officials Get Qualified Immunity for Prisoner "Retake" Orders Based on a state appellate decision concerning sentence credit, prison officials decided they had released some prisoners incorrectly, so they had them arrested and reincarcerated through "retake orders." The …
Article • May 15, 2008
No CMS Liability for Denying Treatment for Dislocated Shoulder by The plaintiff said he dislocated his previously injured shoulder in his sleep. At 511: "For purposes of this case, it is undisputed that a shoulder dislocation causes great pain and is a serious medical need." The defendants were not deliberately …
Article • May 15, 2008
Arizona Gas Chamber Unconstitutional by The court holds that execution by lethal gas as practiced in Arizona is unconstitutional, applying the prior decision in Fierro v. Gomez, which it notes was vacated but has never been held wrong. The Supreme Court later held that the petitioner's claim was procedurally barred …
Article • May 15, 2008
NJ Prisoner’s Tuberculosis Suit Dismissed by NJ Prisoner's Tuberculosis Suit Dismissed The plaintiff tested positive for tuberculosis while incarcerated; he was given INH, which caused some liver problems. The defendants were not deliberately indifferent in not doing TB testing every six months rather than yearly and in giving him INH. …
Article • May 15, 2008
No Right to Interpreters for IWS Application Process by Due process does not require the government to provide competent interpreters for interviews by INS personnel with applicants for status as Special Agricultural Workers. The applicants' interest is qualitatively different from that of one defending against criminal prosecution, deportation, or exclusion. …
Article • May 15, 2008
Delaware Prisoner’s Conditions Suit States Claim by Delaware Prisoner's Conditions Suit States Claim The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks …
Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree by The court terminates 1975 consent judgment concerning disciplinary due process At 1007: A "Federal right" does not include rights established by consent decrees There is no evidence of current or ongoing violations Plaintiffs suggested that further investigation might uncover some, but …
Article • May 15, 2008
Denial of HIV/AIDS Treatment Upheld by At 448: A medical need is serious if it is one that has been diagnosed by a physician as mandating treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.... The serious …
Article • April 15, 2008 • from PLN April, 2008
From the Editor by Paul Wright Over the years, PLN has frequently reported on the efforts of legislators and prisoncrats to seize money from prisoners, the vast majority of whom are poor. This trend has sharply accelerated in recent years. The cover story of this issue of PLN is excerpted …
Buried Alive: Solitary Confinement in Arizona’s Prisons and Jails by David Reutter Buried Alive: Solitary Confinement in Arizona's Prisons and Jails Review by David M. Reutter "There have been a couple of times that I've tried to end my life in here, but they keep reviving me and bringing me …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
As Connecticut's Prison Population Increases, So Does the Number of Imprisoned Mentally Ill by David Reutter by David M. Reutter Like other prison systems throughout the nation, Connecticut's is reaching peak capacity. In the midst of dealing with overcrowding and parole issues, the Connecticut Department of Correction (CDOC) must also …
Three Murders in Three Months at Mississippi Control Unit Lead to Improvements And New Consent Decree by "Taken as a whole, I am convinced the conditions in Unit 32 are as bad as anywhere in the whole country," observed Margaret Winter, a lawyer with the National Prison Project of the …
Article • April 15, 2008 • from PLN April, 2008
Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg by John D. Dannenberg In 1997, an amalgam of Pennsylvania prisoners, taxpayers and public interest groups sued the Pennsylvania Board of Pardons (Board) and top state officials in U.S. District Court, challenging restrictive 1997 amendments to …
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