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Article • June 15, 2002 • from PLN June, 2002
Third Circuit Vacates $300,000 Beating Award, Orders New Trial by by Matthew T. Clarke The Third Circuit Court of Appeals has vacated a $300,000 jury award in a prisoner's excessive-use-of-force suit and ordered a new trial for liability and damages. Raymond T. Pryer, a Pennsylvania state prisoner, filed a civil …
Three Arkansas Guards Sentenced in Beating by On August 22, 1999 Arkansas prisoner Terry Botts received a beating at the Arkansas Regional Unit in Brickeys by three guards while his hands were handcuffed behind his back. The guards determined the severity of the injuries he sustained would not require hospitalization, …
Ohio Prison Supervisors Possibly Liable for Employing Known Racist Guard by The Sixth Circuit Court of Appeals has reversed a district court's grant of summary judgment to Ohio prison officials and remanded for trial a case involving alleged official indifference to the actions of a known racist guard. The appeals …
Article • May 15, 2002 • from PLN May, 2002
New York Assault and Medical Case Settled for $5,000 by On August 28, 2001, New York state prison officials agreed to pay $5,000.00 to settle a prisoner's lawsuit that he was beaten by prison guards and then denied medical care. In 1993, prisoner Easton Beckford, who is also wheelchair bound, …
Article • May 15, 2002 • from PLN May, 2002
Oregon Jail Settles Taser Suit for $197,000 by In December 2000, the Clackamas county jail in Oregon settled a lawsuit with Stephen J. Thom for $197,000. On July 24, 2000, Thom, who suffered brain damage in a 1981 accident, was drunk and brought to the jail's booking section. While he …
$377,500 Awarded in Tennessee Jail Death by In September 2001, a federal jury in Memphis, Tennessee, awarded $377,500 in damages to the estate of a mentally ill jail prisoner killed by guards. In November 1996, Calvin Shaw, a paranoid schizophrenic, was arrested on sexual assault charges and imprisoned at the …
Former CCA Captain and Texas Probation Officer Pleads Guilty by On October 25, 2001, Jason Driskell, 27, a former captain at the Corrections Corporation of America (CCA) operated Whiteville Correctional Facility (WCF) in Tennessee, pleaded guilty to obstruction of justice charges in federal court. Driskell admitted that in 1999 he …
Article • April 15, 2002 • from PLN April, 2002
Angola Prisoner Wins $1.5 Million Verdict Against Five Guards for Assault by Lonnie Burton In January 2001, pro se prisoner John Poullard won a $1.5 million judgment against five guards who beat him in retaliation for other lawsuits and complaints he had previously filed. Poullard, who is serving time at …
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
Death Toll Hits 87 as Turkish Prison Protest Strike Continues by Julia Lutsky On November 4, 2001, Turkish police used armored vehicles to batter down the barricades protesters had erected in Kucakarmutlu, an outlying district on the European side of Istanbul. The semi-official news agency Anatolia reported four protesters had …
BOP Settles Prisoner Beating/Restraint Lawsuit for $99,000 by BOP Settles Prisoner Beating/Restraint Lawsuit For $99,000 In the summer of 1997, Lealon Muldrow was incarcerated in the Special Housing Unit (SHU) of the United States Penitentiary (USP) at Atlanta .On July 1 of that year, Muldrow was threatened with being chained …
Ohio Appeals Court Allows Prisoner's Request for Past Work Information on Guards by The Fourth District Court of Appeals of Ohio has reversed the decision of the Pickaway County Court of Common Pleas denying a prisoner's request for specific work information relating to two guards in the Department of Rehabilitation …
Brief • February 20, 2002
Turner v. Schultz, CO, Opinion and Order, Guard Assault in Prison, 2002 187 F.Supp.2d 1288 (2002) William Vance TURNER, Plaintiff, v. Officer Roderick SCHULTZ, Officer Michael Lavallee, Officer James Bond, Lieutenant David D. Armstrong, Lieutenant FNU King, Captain M. Mooneyham, Assistant Warden Greco, Warden Joel H. Knowles, Lieutenant Rowe, Lieutenant …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
New Jersey Prisoners Exempt from Exhaustion Requirement by New Jersey Prisoners Exempt From Exhaustion Requirement A federal district court has held that New Jersey prisoners are not required to exhaust institution implemented grievance procedures before filing a civil rights suit. New Jersey prisoners Victor Concepcion and Anthony Ways filed suit …
$250,000 in Hawaii Beating Death by In May 2001, the Hawaii prison system paid $250,000 to settle a lawsuit stemming from a prisoner being beaten to death by prison guards. In 1999 Antonio Revera, 26, was serving a 10 year sentence for rape in the Halawa Correctional Facility. While being …
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
Article • December 15, 2001 • from PLN December, 2001
Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional by Two District Court Rulings Overturned The Court of Appeals for the Sixth Circuit has overruled two federal magistrates, both of whom, in separate decisions, had previously held that the statutory limitatons on attorneys' fees in prisoner civil rights actions …
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