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Article • July 15, 2003 • from PLN July, 2003
Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating by A man who was brutally beaten by jail guards while in custody at the Cook County Jail in Chicago will receive $65,000 in a settlement approved in June 2002. Terry Phalen, now 42 and admittedly gay, was awaiting a …
U.S. v. Lavallee, CO, Order, Prison Conditions, 2003 269 F.Supp.2d 1297 (2003) UNITED STATES of America, Plaintiff, v. Mike LAVALLEE, Rod Schultz, and Robert Verbickas, Defendants. No. CR.A. 00-CR-481-D. United States District Court, D. Colorado. July 2, 2003. 1298 *1298 Mark Blumberg, United States Attorney's Office Criminal Section/CRT, Washington, DC, …
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams The Third Circuit Court of Appeals has found that the PLRA's exhaustion requirement is an affirmative defense to be pled by the Defendant. A district court …
Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Matthew T. Clarke On May 1, 2002, two guards and an assistant warden were convicted in federal court of charges relating to the beating of a …
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners by PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners A federal district court in Puerto Rico has denied the defendant's motion for new trial in an excessive force case, and awarded attorney fees and costs to …
Article • May 15, 2003 • from PLN May, 2003
Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner by Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner The U.S. Third Circuit Court of Appeals has upheld the jury verdict and damages award in a Pennsylvania case involving the assault of a state prisoner by guards. [PLN, …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
No Qualified Immunity Defense for Florida Beatings by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that prison guards at the Florida State Prison (FSP) who beat prisoner David. C. Skrtich are not entitled to dismissal. Two of the defendants, Timothy A. Thornton and …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
State Tolling Statute Applied in § 1983 Action by John E Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative …
Article • March 15, 2003 • from PLN October, 2004
U.S. Torture: A Sordid History Of Official And Systematic Abuse by G. Flint Taylor by G . Flint Taylor The brutal and sadistic torture by U.S. military prison guards, military intelligence officers, and CIA interrogators which is being revealed daily in the mainstream media has brought protestations from President Bush, …
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, …
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