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Administrative Exhaustion Required in Third Circuit; U.S. S. Ct. Grants Review by The Court of Appeals for the Third Circuit ruled that the PLRA requires exhaustion of administrative remedies for all prisonerinitiated prisoncondition federal court actions, even if "available" remedies exclude the specific relief sought. Applying the rule to both …
Florida X-Wing Guard Acquitted in Valdes Beating by The first of five Florida State Prison guards to be tried in connection with the beating death of "XWing" prisoner Frank Valdes was acquitted by a jury in a rural county dominated by the state "corrections" industry. In the October 1999 PLN …
Excessive Force Claims Require Administrative Exhaustion by The court of appeals for the Sixth circuit held that prisoners filing suit seeking only money damages for excessive use of force by prison employees must exhaust their administrative remedies before they file suit. Dwight Freeman, an Ohio state prisoner, filed suit seeking …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Stun Gun Death in VA Prison by After being electrocuted repeatedly by a stun gun, Lawrence James Frazier was strapped to a bed where he lapsed into a coma and never recovered. During a struggle with guards, Frazier was electrocuted 3 times by an Ultron II stun device that delivers …
Corcoran Show Trial Ends with Acquittals by Dan Pens Corcoran Show Trial Ends With Acquittals The saga of Corcoran's infamous SHU shootings ended June 8, 2000 when a jury acquitted eight California prison guards of federal charges that they entertained themselves by staging gladiator-style fights among prisoners from rival gangs. …
Pelican Bay's Bloody Wednesday by Willie Wisely By W. Wisely On Wednesday, February 23, 2000, one of the bloodiest riots in California prison history broke out among some 200 Black and Latino prisoners. The violence erupted at the state's infamous Pelican Bay prison. Guards sprayed rioting prisoners on the B …
Article • November 15, 2000 • from PLN November, 2000
$35,000 Awarded to CA Prisoner in Beating Suit by On October 14, 1999, U.S. district court judge Susan Illston ruled that three Pelican Bay state prison guards had violated the Eighth amendment rights of prisoner Ricky Gray. Gray had filed suit under 42 U.S.C. § 1983 claiming that while being …
Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …
Nassau Jail Guards Convicted, Sentenced for Fatal Beating by Two Nassau County (NY) jail guards who fatally beat an unarmed jail detainee were sentenced May 26, 1999, to 11 years in federal prison, and a jail supervisor who tried to cover up for them received nearly 6 years. In the …
Article • October 15, 2000 • from PLN October, 2000
$50,000 to Settle CA Jail Beating Suit by In April 2000, Sacramento county paid $50,000 to settle a prisoner's excessive force lawsuit that two Sacramento county jail guards, later fired for assaulting another prisoner, also beat him. Troyd Ransom was in the Sacramento county jail on a parole hold in …
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
Family Wins $12.9 Million Award in Michigan Jail Death Suit by Ronald Young By Ronald Young Eddie B. Swans Sr., the personal representative of the estate of Edward Swans, brought a 42 U.S.C. § 1983 civil rights action against the City of Lansing, Michigan. The Chief of Police Jerome Boles, …
The Restraint Chair: Safe and Humane? by Anne-Marie Cusac Jail and prison employees call it the "strap-o-lounger," the "barcalounger," the "we care chair," and the "be sweet chair." Prisoners and their lawyers have other names for the device: "torture chair," "slave chair," and "devil's chair." They are not referring to …
Article • September 15, 2000 • from PLN September, 2000
Penis Stomping Guard Loses Appeal by In the July '99 issue of PLN we reported the conviction of former Orleans County Jail (Albion, NY) Lieutenant John Walsh on three counts of violating the civil rights of jail detainee Norvin Fowlks. Walsh was alleged to have tormented and abused Fowlks, who …
The Ride: Rise of the NLR by Willie Wisely THE RIDE: Rise of the NLR By W. Wisely With virtually all confirmed members of the Aryan Brotherhood indefinitely sentenced to Pelican Bay's infamous SHU, a new group moved in to fill the void on California prison yards. The pace of …
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
$1.75 Million in Oregon Excessive Force Jail Settlement by On March 29, 2000, the Klamath County Jail in Medford, Oregon, paid $1.75 million to settle an excessive force lawsuit filed by a former jail detainee. In 1997 Dana Lecomte was in the Klamath county jail on charges of driving with …
Article • August 15, 2000 • from PLN August, 2000
California Statute of Limitations Tolled by The U.S. Court of Appeals for the Ninth Circuit has held that; (1) amended California tolling statute could be retroactively applied to former prisoner's claim; and (2) former prisoner was not entitled to equitable tolling. David Fink, a former California prisoner, filed a civil …
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