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Article • July 15, 2003 • from PLN July, 2003
Arkansas Prison Must Pay for Kosher Meals by Arkansas Prison Must Pay For Kosher Meals The Eighth Circuit Court of Appeals has affirmed an order of the United States District Court for the Eastern District of Arkansas ordering the Arkansas Department of Corrections (ADC) to provide a Jewish prisoner with …
Article • July 15, 2003 • from PLN July, 2003
No Qualified Immunity When Denying Pain Medication by The Seventh Circuit US Court of Appeals affirmed summary judgment against an Illinois state prisoner's 42 USC § 1983 principal complaint alleging negligent medical treatment, but denied the defendants' qualified immunity defense to the included claim regarding denial of pain medications. John …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits by by Matthew T. Clarke The Eighth Circuit court of Appeals held that the suspension of a prisoner's visitation rights with his wife and two other women for eighteen months was not a significant and atypical hardship and therefore did …
$240,000 Settlement in Florida Juvenile Boot Camp Suicide by Lonnie Burton Although described as a troubled kid, 16-year old Chad Franza didn't deserve to die they way he did. Only 24 days after entering a juvenile boot camp in Bartow, Florida, the teenager was found dead after hanging himself with …
Appointment of Counsel in New Jersey Medical Suit by The U.S. Third Circuit Court of Appeals has vacated and remanded a New Jersey U.S. District Court's award of summary judgment against, and denial of appointment of counsel to, a pro se prisoner plaintiff. Jeffrey Montgomery, a New Jersey State prisoner …
$22,500 Award Upheld in Texas Gang Assault Set-up by Guards by John E Dannenberg $22,500 Award Upheld in Texas Gang Assault Set-Up By Guards by John E. Dannenberg The Fifth Circuit US Court of Appeals affirmed a district court's denial of defendant prison officials' summary judgment motion in a prisoner …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
New Mexico Supreme court Affirms Dismissal of Phone Rate Suit by New Mexico Supreme Court Affirms Dismissal of Phone Rate Suit The New Mexico Supreme Court affirmed a district court's dismissal of an excessive phone rates case for failure to state a claim. Recipients of collect telephone calls from New …
Article • June 15, 2003 • from PLN June, 2003
$250,000 Award for Texas Jail Paraplegic Upheld by by Matthew Clarke The Fifth Circuit Court of Appeals has upheld a $250,000 award against Dallas County, Texas, for a paraplegic prisoner who developed life-threatening decubitus ulcers due to the jail's deliberate indifference to his serious medical needs. Brent Lawson, a former …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
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 …
Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit by John E Dannenberg by John E. Dannenberg The Sixth Circuit US Court of Appeals ruled that a prison psychologist's awareness of a prisoner's potential for suicide was sufficient to defeat the psychologist's qualified immunity defense in a 42 U.S.C. § 1983 …
Article • April 15, 2003 • from PLN April, 2003
$4.47 Million in Washington Negligent Supervision Settlements and Verdicts by Washington State recently settled or was found liable in three separate law suits alleging that it negligently supervised probationers or parolees. Negligent supervision cases are not new in Washington. Since 2000, the State either settled or was ordered to pay …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Article • April 15, 2003 • from PLN April, 2003
Florida Jury Awards $390,000 Over Defective Prison-Produced Chair by A Pinellas County (Florida) jury found that an office chair assembled by the Florida DOC's prison industries was defective, and the proximate cause of a state office worker's injuries. The jury awarded the woman $390,000 in damages; however, the recovery was …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
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