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Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Boston Jail Strip Searches Unconstitutional by John E Dannenberg by John E. Dannenberg A Boston City Police Department (BPD) policy of invasive and degrading strip-searching of all female detainees, regardless of the cause of their detention, while not similarly treating male detainees, violated the unreasonable search provisions of the Fourth …
Article • February 15, 2003 • from PLN February, 2003
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
Prisoner's Estate Survives Summary Judgment on Medical Policy Claims by A federal district court in Michigan held that issues of fact as to whether prison officials adopted a policy discouraging necessary health care precluded summary judgment. Roscoe Young was incarcerated in a prison of the Michigan Department of Corrections (MDOC) …
Alabama Jail Conditions Unconstitutional, County Liable by David Reutter by David M. Reutter The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic by In April, 2002, Robert Cornwall, 30, a quadriplegic, settled a lawsuit against the Washoe county jail in Nevada for $40,000. The lawsuit stemmed from Cornwall being arrested on domestic violence charges against his wife on July 25, 2000. Cornwall spent …
Prison Officials Liable for Gang Member's Murder by A federal court in Connecticut de-nied prison officials qualified immunity in an action arising from the murder of a gang member by his cellmate while housed in a Close Custody unit. Juan Rodriguez, a prisoner of the Connecticut Department of Corrections, (CDOC) …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors by No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors The Sixth Circuit Court of Appeals held that prison officials were not entitled to qualified immunity for failing to protect a …
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, …
Article • January 15, 2003 • from PLN January, 2003
$27,848.30 Award in Texas Jail Slip and Fall Upheld by An award of $27,848.30 to a pris-oner who slipped and fell on a food spill in a Texas jail has been upheld by a Texas state court of appeals in an unpublished opinion. Mickey Caves, a Dallas County (Texas) Jail …
Article • December 15, 2002 • from PLN December, 2002
Failure to Treat Ruptured Tendon; Qualified Immunity Denied by A federal district court in New York has denied prison officials' motion to dismiss a prisoner's complaint alleging denial of medical treatment of his ruptured Achilles tendon. While playing basketball on May 3, 1997 at Sing-Sing Correctional Facility, prisoner Saufuddin Abdul-Samad …
Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
Article • December 15, 2002 • from PLN December, 2002
Alaska Prison Design Case Settles for $1 Million by In August, 2001, the state of Alaska settled a lawsuit involving faulty prison design which resulted in serious injury to a prisoner for $1,000,000. In February, 1994, Carry Johnson was returning to his cell at the Ketchikan Correctional Center in Alaska. …
Article • December 15, 2002 • from PLN December, 2002
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that may affect where you want to file a lawsuit against state defendants. There are some circumstances in which you may want to file your claims, including your federal claims, in state court. 1. The …
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