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Incarceration, Justice and the Planet: How the Fight Against Toxic Prisons May Shape the Future of Environmentalism by Panagioti Tsolkas Prisons inspire little in terms of natural wonder. It might be a weed rises through a crack and blooms for a moment. It might be a prisoner notices. But prisoners, ...
Another WA DOC Asbestos Abatement Program Shut Down; Prison Officials Fined by Mark Wilson The Washington Department of Corrections (WDOC) was fined $141,000 after an inspection found code violations that exposed prisoners working in an asbestos abatement program to elevated risks of cancer and lung disease. Since 1990, the WDOC ...
Article • February 15, 2012 • from PLN February, 2012
Rikers Island Guards File Suit Alleging Cancer-Causing Toxin Exposure by Mark Wilson The Rikers Island jail in New York City was built atop a toxic landfill that is causing cancer, according to lawsuits filed by seven cancer-stricken Rikers employees. “That island is toxic and it’s killing people,” said guard Vanessa ...
Article • December 15, 2011 • from PLN December, 2011
US EPA Takes Action Against Kansas Prison for Asbestos Violations by The federal Environmental Protection Agency (EPA) has issued orders against the Kansas Department of Corrections (KDOC) for violations of federal law concerning asbestos removal. The violations stem from a renovation in 2005-2006 at the Topeka Correctional Facility (TCF). The ...
Arizona DOC May Be Held Accountable for Not Protecting Prisoners from Asbestos by A federal magistrate judge in Arizona has recommended denying a motion for summary judgment filed by the State of Arizona in a lawsuit brought by a group of current and former prisoners. The suit was filed after ...
Article • July 15, 2009
New York DOC Agrees to Settle Asbestos Case by On April 4, 1997, the New York Department of Corrections (NYDOC) agreed to settle a suit brought by a group of New York prisoners over their exposure to asbestos. The prisoners alleged that the defendants violated their Eighth and Fourteenth Amendment ...
Article • June 15, 2009 • from PLN June, 2009
McNeil Island Prison Fined $28,400 for Improper Asbestos Removal by The McNeil Island prison in Washington state was fined $28,400 in July 2008 for two “willful” and seven “serious” violations related to three renovation projects in November and December 2007. The projects involved the removal of vinyl tile glued down ...
Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John Dannenberg Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John E. Dannenberg A landmark 1980 federal consent decree that covers all manner of living conditions for San Quentin State Prison’s death ...
Article • August 15, 2008
Supreme Court Denies Mandatory Settlement Class Certification by Asbestos companies approached a group of plaintiffs' lawyers to discuss a "global settlement" of their tort liability, resulting in the filing of a mandatory class action that would bind all future claimants with no opt-out provision and thus permanently limit the defendants' ...
The Poisoned Pen of Fort Lyon Prison by Alan Prendergast Bought by the state for a dollar, Fort Lyon is rich in history, asbestos, sick prisoners and trouble. by Alan Prendergast History Lesson #1 In 1829, William Bent headed west to join his older brother in the fur business. William ...
Article • May 15, 2007
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised ...
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this ...
Article • December 15, 2001 • from PLN December, 2001
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit ...
Article • June 15, 2001 • from PLN June, 2001
Minnesota Prison Cited For Asbestos Infractions by A Minnesota prison received nine citations and was fined over $18,000 for violations involving cancercausing asbestos. The judgment levied against Faribault prison, in November 2000, by Minnesota Occupational Safety and Health Division, came as a result of disgruntled employees who say they have ...
Article • August 15, 1999 • from PLN August, 1999
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. ...
No Immunity for Abestos Exposure; Toxic Water Claim Remanded by The court of appeals for the second circuit held that prison officials are not entitled to qualified immunity for exposing a prisoner to airborne asbestos. The court also held that a prisoner plaintiff was entitled to present evidence that a ...
Article • July 15, 1998 • from PLN July, 1998
Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth ...
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found ...
Article • August 15, 1997 • from PLN August, 1997
PLRA 'Physical Injury' Requirement Affirmed by In the first published case on this issue, a federal district court in Indiana held that a provision of the Prison Litigation Reform Act (PLRA), requiring "physical injury" before a prisoner's lawsuit can proceed, mandated dismissal of prisoners' claim that they were exposed to ...
Article • September 15, 1996 • from PLN September, 1996
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type ...
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