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DOJ Sues Wackenhut Juvenile Prison by Gary Hunter In March, 2000, six teenage boys, brutalized by guards in a Wackenhut prison in Jena, Louisiana, were removed by the judge who sentenced them. State Judge Mark Doherty of Orleans Parish Louisiana was so appalled by their treatment that he made a …
Exhaustion Requirement Discussed, $86,250 Beating Award Upheld by The Sixth Circuit Court of Appeals held that the term prison conditions, as used in the Prison Litigation Reform Act at §1997e(a), includes claims of excessive force, thereby subjecting prisoner claims to the Act's administrative exhaustion requirement. The court also held that …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Brief • July 31, 2000
Jama v. Esmor Correctional Services, NJ, Deposition, Immigration Beating, 2000 1 1 2 UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF NEW JERSEY 4 5 6 7 8 9 10 11 12 13 14 - - - - - - - - - - - - - - - …
Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Wisconsin Prisoners Rebel at Private Tennessee Prison by On November 30, 1999, Wisconsin state prison officials were touring the Whiteville Correctional Facility (WCF) in Tennessee. The prison is operated by Corrections Corporation of America (CCA) and houses 1,500 Wisconsin prisoners. Just minutes after WCF warden Percy Pitzer led an entourage …
Article • June 15, 2000 • from PLN June, 2000
$15,000 Awarded to Ohio Prisoner Beaten by Guards by On July 2, 1999, a federal jury in Columbus, Ohio, awarded Ohio prisoner James Morrison 115,000 in damages. Morrison filed suit claiming he was taken to a secluded area of a prison (unnamed in reports), where he was beaten and kicked …
Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …
Attica Suit Settled for $12 Million by On February 15, 2000, a federal judge approved a settlement in which New York State is to pay $8 million to the prisoners who were beaten and tortured after the 1971 Attica riot, closing one of the longest, ugliest chapters in criminal justice …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
Absent Plain Error, Objection Necessary to Preserve Issues by The appeals court for the Seventh circuit held that if a pretrial ruling is definitive, objection at trial is not necessary to preserve the issue for appellate review. The court also held that objection to a guard's counsel's references to pretrial …
Article • May 15, 2000 • from PLN May, 2000
$880,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
Four Florida Prison Guards Face Murder Charges by Nine guards from Florida State Prison's "X-Wing" were suspended while state law enforcement investigators probed their role in the July 17, 1999 beating death of X-Wing prisoner Frank Valdes [see page 1 of the October 1999 PLN]. On February 2, 2000, four …
South Carolina Prisoner Wins Excessive Use of Force Suit Pro Se by South Carolina Prisoner Wins Excessive Use Of Force Suit Pro Se By Matthew T. Clarke In an unpublished opinion, the Fourth Circuit court of appeals has held that a South Carolina federal district court improperly failed to consider …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Article • March 15, 2000 • from PLN March, 2000
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
CCA Facility Cited for Sex Scandal by On Sept. 17, 1999, Colorado Dept. of Corrections officials confirmed that they are investigating allegations of brutality, sexual misconduct and drug trafficking involving guards at the CCA-operated Kit Carson Corr. Facility in Burlington, which houses around 650 state prisoners. The investigation began in …
Brazoria Trial Brings Acquittals, Convictions in Jail Beatings by In October, 1999, a federal jury returned acquittals and a minor conviction against private prison guards charged with beating and abusing Missouri prisoners. As previously reported in PLN, some 100 Missouri prisoners were sent to the Brazoria county jail in Texas …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
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