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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 …
Georgia Lawmaker Indicted for Aiding Prisoner Transfer by Lonnie Burton On January 8, 2002, a Fulton County, Georgia grand jury indicted state senator Van Streat on four counts of violation of oath of office and one count of making a false statement. Both charges stemmed from Streat's alleged involvement in …
Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering by Four Washington state prisoners have filed suit against the Department of Corrections (DOC) over DOC's longstanding practice of charging prisoners to ship their own personal property when they are transferred from one institution to another, and doing …
Courts Retain Power To Grant TROs Under PLRA by The District of Columbia (DC) Court of Appeals has vacated a district court ruling on the merits of a prisoner lawsuit where the district court also found that the prisoner plaintiffs failed to exhaust administrative remedies prior to filing suit. Louis …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
Article • January 15, 2002 • from PLN January, 2002
Michigan Prisoners Awarded Nearly $7,000 for Retaliatory Transfers by Lonnie Burton In February 2001, a federal judge ruled that two Michigan prisoners are entitled to almost $7,000 in damages after they were unjustly punished by the state Department of Corrections when they were transferred to highersecurity prisons. The transfers came …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
Article • September 15, 2001 • from PLN September, 2001
Virginia Rent-a-Cell Program Expected to Net $100 Million by Virginia Rent-A-Cell Program Expected to Net $100 Million The state of Virginia will pocket an estimated $100 million in 2001 by warehousing out-of-state and federal prisoners for a fee. About 10% of the Virginia jail and prison population is out-of-state or …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Habeas Challenging Transfer to Private Prison Dismissed by The court of appeals for the Seventh circuit held that habeas corpus was not the proper means to challenge a state statute allowing states to confine their prisoners in private prisons in other states. The court also held that a lawsuit challenging …
Article • September 15, 1999 • from PLN September, 1999
Texas Prison Warehouses (Letter) by DG "Tex" Hoffman by : D.G. "Tex" Hoffman The Texas Dept. of Corrections operates the nation's second largest prison system after California, including 20 transfer facilities. Transfer facilities are Texas' answer to overcrowded county jails; the first facility was built in mid- 1994 when jails …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
Article • November 15, 1998 • from PLN November, 1998
Holding Pretrial Detainee in Prison May Violate Due Process by A federal district court in New York ruled that holding a prisoner in a prison ten months after his conviction was reversed may violate the due process clause and entitle him to damages. In 1991 Vincent Robbins was convicted of …
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