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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 …
Criminal Guards in Texas by Four female guards were each freed from Jefferson County Jail on $6,000 bond early in January 2002 after being charged with crimes involving sex with Texas prisoners. The four women were employed by the Texas Department of Criminal Justice (TDCJ) at the Mark W. Stiles …
CCA Conditions Claim Not Frivolous by The Sixth Circuit Court of Appeals has reversed a Tennessee Federal District Court's dismissal of a prisoner's 42 U.S.C. §1983 claims as frivolous, vacating and remanding part of the lower court's decision with instructions. David Dellis is a Wisconsin prisoner who was for a …
News in Brief by Roger Hummel Alaska: On April 11, 2002, Cynthia Cooper, the head prosecutor in the state attorney general's office, resigned after being judicially admonished for pursuing felony charges against a public defender who crashed his car into a light pole. Anchorage prosecutors had agreed to a misdemeanor …
Article • August 15, 2002 • from PLN August, 2002
New Florida Trend: Abuse in a Spray Can by Frank Valdes may have accomplished in death what he could not in life: a decrease in prisoner beatings by guards. The problem of abusive guards, nonetheless, has not disappeared after Valdes's murder. The form of the abuse has progressed to frequent …
Two Private Kentucky Youth Facilities Closed for Abuse by Gary Hunter It took only six weeks for the Juvenile Justice Department (JJD) to close two Kentucky Youth Academy (KYA) facilities. On Sept. 14th, 2001 the Kentucky Division of Protection and Advocacy (DPA) filed suit in federal court charging the Central …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Article • June 15, 2002 • from PLN June, 2002
$540,000 Settlement in Minnesota Jail Beating by In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on suspicion of …
U.S. Supreme Court: Administrative Exhaustion Required for All Prisoner Section 1983 Suits by John E Dannenberg by John E. Dannenberg The US Supreme Court ruled that under the Prison Litigation Reform Act (PLRA), exhaustion of administrative remedies is required in all prisoner civil rights suits pertaining to prison life, regardless …
Article • June 15, 2002 • from PLN June, 2002
$1,500 Awarded in New York Slapping Case by A New York federal district court has held that minor injury incurred from excessive force by a prison guard is actionable, and awarded damages after a bench trial. The court found it was undisputed that while prisoner Larenzo Romaine was housed at …
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