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Legal Commentary
: TalkLeftPrisoner Abuse Legislative Fix Introduced
By Jeralyn
Last week, Congressman Bobby Scott (D-VA) reintroduced his Prisoner Abuse Remedies Act. As the New York Times opines today, this is a bill Congress needs to pass.
The culprit is the Prison Litigation Reform Act, (PLRA) passed under President Clinton in 1996. It was aimed at reducing frivolous lawsuits by prisoners, but due to its requirement that the prisoner sustained a physical injury and exhausted all administrative avenues before filing suit, it became a vehicle through which prisons and courts denied claims by inmates who were sodomized (finding no physical injury) and the victims of other conduct, such as "strip-searching of female prisoners by male guards; revealing to other inmates that a prisoner was H.I.V.-positive; forcing an inmate to stand naked for 10 hours."
Juveniles, who are most at risk in prison, often have the hardest time following through with the administrative hurdles. [More...]
Rep. Scott's bill would reform the PLRA by removing the physical injury requirement and using the standard applicable in other civil rights litigation. It would also allow prisoners under 18 to file suit.
In 2007, we had a Republican dominated Congress and the bill failed. This year, there's no excuse. This is a bill that needs to pass both houses.
The ACLU has been fighting for this reform bill for a long time. The current version is not yet available from the GPO, but I'll update with the text when it becomes available.
Full post as published by TalkLeft on December 21, 2009 (boomark / email).
Michigan
Settles Female Prisoner Sexual Abuse Lawsuit for $100 Million
Prisoner Abuse
Somerset County pays undisclosed settlement for failing to provide adequate securities for inmate assaults.
Financial Elder Abuse - Financial Exploitation, Elder Abuse Lawyers
Financial Elder Abuse alleging seniors are taken advantage of for their finances.
Teacher Student Abuse
Beaufort County agrees to pay $300,000 settlement to abuse victim.
Lawsuit Filed Against Legacy Health Care Facilities for Nursing Home Abuse
Legacy Health Care Facilities Face Class Action Over Allegations of Abuse
Estate Planners Face Elder Abuse Class Action
California Estate Planners Face Elder Abuse Class Action

More on the passage of the Second Chance Act
Combating Prisoner Abuse- Editorial in the NY Times in support of reforming PLRA
Federal Elder Abuse Victims Act: Enfolded
Report: Justice Department To Re-Open Nearly a Dozen Prisoner-Abuse Cases
Two New Legislative Proposals Introduced to Address Senior Investment Fraud
Prisoner flees after armed van hold-up








