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Article • May 1, 2000 • from P&J May, 2000
Handberry v. Thompson, No. 96 CIV. 6161(CBM) (S.D.N.Y.) (92 F.Supp.2d 244) (March 13, 2000) (Judge Constance Baker Motley) by In a broad decision that could have a huge financial impact on many municipalities, District Judge Motley granted declaratory judgment, under 28 U.S.C. §§ 2201 and 2202, to a class of …
Article • April 1, 2000 • from P&J April, 2000
Booth v. Churner, No. 97-7487 (3rd Cir.) (206 F.3d 289) (March 7, 2000) (Judge Edward R. Becker) by The appellant in this case filed an action pursuant to 42 U.S.C. § 1983, seeking damages and injunctive relief against several prison guards based on claims of the use of excessive force …
Article • November 1, 1999 • from P&J November, 1999
Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown) by QUOTE OF THE WEEK - “Punishing the Country - America’s Fixation on Prisons” Last week columnist Anthony Lewis of The New York Times noted that, by February 15,2000, the population of America’s prisons …
Article • May 1, 1999 • from P&J May, 1999
Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice) by QUOTE OF THE WEEK - Following an epic trial that lasted 159 days and included the testimony of 349 witnesses, Judge William Wayne Justice concluded in 1980 that the prisoners housed in the …
Article • April 1, 1999 • from P&J April, 1999
Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (168 F.3d 1360) (March 22, 1999) (Per Curiam) by Here the D.C. Circuit declined en banc review of its earlier decision vacating broad remedial measures imposed by the district court despite the assertions of two judges that the decision ignored most …
Article • November 1, 1998 • from P&J November, 1998
White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky) by In this case a class of inmates at Bayside State Correctional Facility filed a civil rights action, alleging that the guards had engaged in a pattern of physical abuse, threats and …
Article • August 3, 1998
Johnson v. Avery, No. 40 (U.S. Supreme Court) (393 U.S. 483; 89 S.Ct. 747) (February 24, 1969) (Justice Fortas) by Case held that unless the State provides some reasonable alternative to assist inmates in their legal work, it cannot validly enforce a regulation barring inmates from furnishing such assistance to …
Article • August 1, 1998 • from P&J August, 1998
Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson) by Judge Baer comments on the growing reversion of prison practices to the Puritanical punishment factors that governed prisons in the nation's early history. QUOTE OF THE WEEK - The philosophy that directs the …
Article • August 1, 1998 • from P&J August, 1998
Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson) by As noted in our Quote of the Week below, "the degree of civilization in a society is revealed by entering its prisons". That message cannot leave one with a comfortable feeling after reading …
Article • July 1, 1998 • from P&J July, 1998
Beerheide v. Zavaras, No. Civ. No. 95-B-2325 (D.Colo.) (997 F.Supp. 1405) (March 16, 1998) (Judge Lewis T. Babcock) by This is one of those rare cases in which the Court actually granted a preliminary injunction against prison officials due to their failure to provide three prisoners, who were Orthodox Jews, …
Article • June 1, 1998 • from P&J June, 1998
Scott v. District of Columbia, No. 97-7064 (D.C. Cir.) (139 F.3d 940) (April 3, 1998) (Judge A. Raymond Randolph) by
Article • February 1, 1998 • from P&J February, 1998
McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton) by Famous quote from Justice Brennan in which he vividly described the "netherworld" of prison life where people live in conditions totally controlled by governmental power. QUOTE OF THE WEEK - …
Article • February 1, 1998 • from P&J February, 1998
Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker) by QUOTE OF THE WEEK - The dim, distant and dismal world of prison life. "Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they …
Article • February 1, 1998 • from P&J February, 1998
Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett) by Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker) Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett) McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge Albritton) These three …
Article • February 1, 1998 • from P&J February, 1998
Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett) by QUOTE OF THE WEEK - The dim, distant and dismal world of prison life. "Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they exist in …
Article • November 1, 1997 • from P&J November, 1997
Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones) by This is an important (but horrifying) prison litigation case that says a lot about the level of medical care in our prisons. The case involves a damage claim by a prisoner against …
Article • June 1, 1997 • from P&J June, 1997
De La Paz v. Peters, No. 93 C 7652 (N.D.Ill.) (959 F.Supp. 909) (March 27, 1997) (Judge Ruben Castillo) by Prison cases have always been great barometers of our criminal justice system. They show how judicial winds are blowing and what it takes to "shock the conscience" of the courts. …
Article • May 1, 1997 • from P&J May, 1997
Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott) by QUOTE OF THE WEEK - One judicial view of the senseless cruelties inflicted on prisoners. "There are different ways to look upon the inmates of prisons and jails in the United States …
Article • April 1, 1997 • from P&J May, 1997
Cooper v. Pickens County, Ala., No. Civ. 95-C-2947-W (N.D.Ala.) (955 F.Supp. 1390) (January 28, 1997) (Judge U. W. Clemon) by In what is likely to be one of the last cases of its kind, the court granted relief to prisoners in this case after concluding that the jail conditions were …
Article • October 1, 1996 • from P&J October, 1996
Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer) by QUOTE OF THE WEEK - An unexpurgated view of some of the problems with America's prisons. "From the very beginning, conditions in our prisons were marked by overcrowding, fire hazards …
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