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Qualified Immunity Denied in CO Rape Case; Suit Settled for $70,000 by In an unpublished ruling, the Tenth Circuit has denied qualified immunity to prison officials who failed to protect a prisoner from being raped by another prisoner. Marvin Gray, a "large and powerful individual with a violent past," was …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Wackenhut Wracked by Sexual Abuse Scandals by Ronald Young Wackenhut Wracked By Sexual Abuse Scandals by Ron Young After a decade as a leading operator of corporate-owned prisons, Wackenhut Corrections has become a prisoner of its own problems. In New Mexico, a 500-page legislative report written by five consultants calls …
One Dead, Thirty-one Hospitalized in TX Prison Riot by One Dead, Thirty-one Hospitalized In TX Prison Riot A riot in a west Texas state prison Tuesday, April 25, 2000, has left one prisoner dead and thirty-one injured severely enough to require hospitalization according to National Public Radio. The riot, which …
CCA Prison Under Gang Control: Death and Injury Suits Filed by Gary Hunter Two suits were filed against Corrections Corp. of America (CCA) in less than a week. On April 15, 2003 the family of Iulai Amani sued CCA and the state of Hawaii for "wrongful conduct" resulting in Amani's …
Guard Proclaiming Open Season On Prisoner Actionable by Ronald Young The court of appeals for the Second circuit held that a prisoner, who alleged a guard told the other prisoners that it was "open season" on the prisoner, stated a claim under § 1983 for violation of the prisoner's Eighth …
Grievances Exhausted When Prison Officials Fail to Respond by The Seventh Circuit Court of Appeals held that when prison officials fail to respond to administrative remedies, those remedies are rendered "unavailable" and deemed exhausted under the Prison Litigation Reform Act (PLRA). The court also held that prison officials were not …
Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies by Dismissal Reversed for Determination Whether Prisoner Was Misled About Remedies The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's suit. The court ruled that there was a substantial, disputed question …
Summary Judgment Reversed on Fact Issues of Guards' Failure to Protect Prisoner by Bob Williams The Seventh Circuit court of appeals has reversed summary judgment where issues of material fact remain concerning guards' deliberate indifference to a prisoner's safety in a failure to protect case. Bryan Case, an Illinois state …
Article • May 15, 2000 • from PLN May, 2000
New York Prisoner's Assault Claim Headed for Trial by New York's Court of Appeals, its highest court, has held prisoner Francisco Sanchez's state tort lawsuit alleging negligent supervision against the state of New York raises an issue of whether an assault on Sanchez was foreseeable. The Court of Claims granted …
Wyoming Prisoners Win Summary Judgment for Increased Security by John E Dannenberg by John E. Dannenberg The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. …
No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Guarding Their Silence: Corcoran Guards Acquitted of Rape by Christian Parenti The acquittal in November, 1999, of four California prison Guards charged with arranging for a young prisoner to be raped by Corcoran State Prison's notorious "Booty Bandit" was the result of a massive legal and political show of force …
Cell Feed Status May Give Jailer Actual Notice of Need to Protect Prisoner by The First Circuit has held that the fact a jail supervisor knew a prisoner was on cell feed status may have given him actual notice of the prisoner's protective custody status when he placed the prisoner …
Article • February 7, 2000
$1.8 Million Award in Illinois Federal Prisoner’s Suicide by An Illinois federal district court awarded $1.8 million to the estate of a pretrial detainee who committed suicide at the Chicago Metropolitan Correctional Center (MCC). The evidence before The Court showed that Bob Johnson was incarcerated from December 1, 19992, until …
Wackenhut's Woes: Guard Killed in New Mexico Riot; Prisoners Exiled to Virginia Supermax by Alex Friedmann Previously, PLN has reported problems at the Lea County Corr. Facility in Hobbs, New Mexico, one of two prisons in the state operated by Wackenhut Corrections Corp. Violent incidents at the Hobbs facility have …
Article • December 15, 1999 • from PLN December, 1999
Tennessee Prison Guard to Pay $50,000 for Stabbing by A former Tennessee Dept. of Correction guard has been ordered to pay $50,000 to a prisoner who was attacked and stabbed after he resisted the extortion demands of other prisoners. U.S. District Judge Todd Campbell ruled on August 7, 1999 that …
Administrative Remedies Exhausted When Response Time Elapses by The court of appeals for the Fifth circuit held that prison administrative remedies are deemed exhausted when the time period for the prison's response elapses, regardless of whether or not the prison has responded. 42 U.S.C. § 1997e requires that prisoners exhaust …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
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