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Article • March 15, 1999 • from PLN March, 1999
"Tough" Florida Sheriff Arrested by "Tough" Florida Sheriff Arrested Admitting he committed a "sinful, wrong and criminal act," Marion County (FL) Sheriff Ken Ergle resigned October 15, 1998, after state officials charged him with grand theft and official misconduct. Ergle surrendered to Florida Department of Law Enforcement (FDLE) investigators, who …
Article • February 15, 1999 • from PLN February, 1999
No Right to Mutual Legal Assistance in 11th Circuit by The court of appeals for the eleventh circuit held that actual injury is a threshold requirement in all prisoner access to courts claims. Without such a showing, under the doctrine of standing, federal courts do not have jurisdiction to address …
Article • February 15, 1999 • from PLN February, 1999
University Professor Shills for Private Prison Industry by Alex Friedmann Much of the statistical and academic information regarding prison privatization that is reported in the media (and consequently relied upon by lawmakers deciding whether to contract with private prison companies) comes from Charles W. Thomas, director of the Private Corrections …
PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Brief • December 17, 1998
Filed under: Medical
Hernandez v. US, FL, Settlement, Medical Care, 1998
Article • December 15, 1998 • from PLN December, 1998
Ex-Prisoner Sues Over Phony Jail Dentist by When Timothy Stanley, 32, was in the Marion County (FL) Jail in January, 1997, facing drug charges, he needed some dental work done. According to the jail's medical log, Sheriff Ken Ergle's "dentist", Illya Fitzgerald Hathorn, pulled one of Stanley's teeth. Now Stanley …
No Qualified Immunity for Private Health Care Provider by Afederal district court in Florida denied qualified immunity to a private provider of health care services to a county jail. Health care personnel failed to give a prisoner with a history of heart attacks her heart medication and ignored her complaints …
Article • November 15, 1998 • from PLN November, 1998
PLRA Termination Provision Constitutional in Eleventh Circuit by The court of appeals for the Eleventh circuit held that the termination provision of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2), does not violate the separation-of-powers doctrine, the due process clause, nor the equal protection clause of the fifth …
Nine Florida Prison Guards Indicted, Fired by Nine Florida state prison guards were indicted July 10, 1998, on federal conspiracy and civil rights violation felony charges in the death of a prisoner who was chained, beaten, and left to bleed to death. A tenth guard, presumably the one who broke …
FL DOC Violates Individuals with Disabilities Education Act by Afederal district court in Florida held that § 944.801(4), Fla. Stat. (1997), which permits prisoners under 22 years of age, who qualify for special educational services and programs pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415, …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Brief • September 1, 1998
Lee v. Singletary, FL, Appeal Brief, Prisoner Transport Black Box Handcuffs, 1998 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CASE NO. 97-3428 WILLIAM L. LEE, et al., Plaintiffs - Appellants, vs. HARRY K. SINGLETARY, et al., ) ) ) ) ) ) ) ) Defendants - …
Article • August 15, 1998 • from PLN August, 1998
MCI Refund to Florida Prisoner Families by Friends and family of Florida prisoners may be entitled to $190,000 worth of free telephone calls under a recommendation issued by the Florida Public Service Commission (PSC). Between February and July 1996, as previously reported in several PLN articles, telephone giant MCI overcharged …
Article • July 15, 1998 • from PLN July, 1998
Another Florida Gain-Time Statute Unconstitutional by In a 5-2 decision the Supreme Court of Florida held that a recently enacted statute requiring the mandatory abrogation of state prisoners' right to earn "incentive gain-time"1 for up to six months following prison disciplinary convictions, was an unconstitutional ex post facto law, as …
Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …
Article • May 15, 1998 • from PLN May, 1998
Florida Finally Learns the Meaning of Ex Post Facto by In a one paragraph memorandum opinion the Supreme Court of Florida held that the retroactive cancellation of provisional credits, previously awarded pursuant to statute, violates the ex post facto restrictions of the state and federal constitutions. As a result of …
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 • May 15, 1998 • from PLN May, 1998
$60,000 Judgement Against Florida DOC Reinstated by James Quigley A Florida appellate court reversed a trial court order setting aside a jury verdict against the Florida Department of Corrections (DOC) and granting the DOC a new trial. The court directed the lower tribunal to reinstate the jury award of $60,000 …
No Immunity in Jail Suicide for Medical Contractor by Afederal district court in Florida held that genuine issues of fact existed as to whether a jail psychologist and the private corporation that employed him had acted with deliberate indifference to a pretrial detainee's health needs, obviating summary judgment on the …
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