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PLRA Applies to Juveniles; Claim Administratively Exhausted by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and the juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the …
Article • March 15, 2003 • from PLN March, 2003
Iowa Guards Fired for Beating Prisoner by Iowa Guards Fired For Beating Prisoner On July 24, 2002, Sheriff David Armack fired five guards, including a supervisor, at the Woodward County Jail in Sioux City, Iowa, in response to a June 10, 2002, videotaped beating of a prisoner. Stanley Munger, attorney …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
Hawaii Prison Doctor's Retaliation Judgment Upheld by The Ninth Circuit US Court of Appeals affirmed the USDC (D. Hawaii) judgment [PLN, June 2001: "Prison Doctor Wins $654,471 In Retaliation Suit"] based on First Amendment violations, expressly noting that in such retaliation suits, "mixed-motive" analysis applies regardless of whether the plaintiff …
Sex, Drugs, and Beatings at Boston Jails by by Matthew T. Clarke A pattern of sexual abuse, bru-tality, drug smuggling, improper guard/prisoner relationships, and other official malfeasance at the jails in Suffolk County, Massachusetts, has raised serious questions about the leadership abilities of Suffolk County Sheriff Richard J. Rouse. Sex, …
$1 Million New York Jail Beating Settlement by On April 19, 2002, Nassau County, New York, agreed to pay $1 million to Gary Boylan who was seriously beaten by jail guards after being falsely charged with attempted to lure a six year old girl into his car. Boylan, 52, suffers …
Texas' Historic Ruiz Lawsuit Settled by Donna Brorby by Donna Brorby and Meredith Martin Rountree One of the biggest prison class actions of our time is over. As appeals by both sides were pending in the Fifth Circuit, the historic Ruiz class action lawsuit against the Texas Department of Criminal …
$56.5 Million Jury Verdict in Indiana Jail Murder by On May 9, 2002, a federal jury in Indiana awarded $56.5 million dollars in damages to the estate of a jail detainee who was beaten to death by jail guards. This is believed to be the largest jury verdict in Indiana …
Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings by by Matthew T. Clarke Six guards and a warden have been convicted in federal court of charges stemming from brutal beatings and subsequent cover up attempts at the 1,200 man Lea County Correctional Facility in Hoots, New Mexico, …
Virginia Guards Acquitted of Assaulting Prisoner by Michael Rigby Three former prison guards were acquitted March 27, 2002 on charges of beating a shackled prisoner at the Wallens Ridge State Prison, a Virginia supermax. Lt. Jeffrey Compton, Sgt. Mathew Hamilton and Michael Bliley were charged with felonious assault and fired …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • January 15, 2003 • from PLN January, 2003
Excessive Force and Delaying Medical Treatment Defeats Dismissal by A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating by Sgt. Patricia Pultz and deputies Lawrence Koscianski and William Spatz of the Cook County, Ill. sheriff's dept. were acquitted on March 12, 2002 in the murder of Louis Schmude. Prosecutors allege Schmude's death on May 7, 2000, …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
Nominal Damages Not Automatic by The Court of Appeals for the Eleventh Circuit has held that nominal damages are not automatic when a jury renders a verdict for excessive use of force, but fails to award compensatory or punitive damages. Temporary detainee George B. Oliver filed a civil rights action …
Brief • September 23, 2002
Franklin v. District of Columbia, DC, Release, Macing and Guard Assault, 2002 Memorandum / • Government of the District of Columbia B.,ELE.A.,$E KNOW ALL MEN BY TIIESE PRESENTS, That I, Mark Franklin, residing at, Saint Elizabeths HospitaL Ward 6 John Howard Pavilion, 2700 Martin Luther King, Jr. Avenue, SE in …
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
Ill Treatment on Our Shores by Anne-Marie Cusac ( On October 24, 2001, Muhammed Butt died of a heart attack at the Hudson County Correctional Center in Kearny, New Jersey. Butt, a Pakistani national, was detained on September 19 by the FBI as a suspect connected with the September 11 …
Florida Guards Murder Another Prisoner, Get Another Acquittal by David Reutter by David M. Reutter A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of …
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