×
You've used up your 3 free articles for this month. Subscribe today.
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls
Loaded on June 15, 2006
published in Prison Legal News
June, 2006, page 41
The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth Amendment. The appeals court then reversed the grant of summary judgment to prison officials ...
Filed under:
Conditions of Confinement,
Overcrowding,
Bedding,
Class Certification,
Americans with Disabilities Act,
Qualified Immunity.
Location:
Delaware.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Torture in Maine Prison, by Lance Tapley
- From the Editor, by Paul Wright
- Maquiladoras Expanding in Mexico; Global System of Prison Factories Envisioned, by Michael Rigby
- North Carolina Prison Audit Finds Industry Excesses,Overpaid Guards, More, by Michael Rigby
- Rampant Sexual Favoritism By California Prison Warden Is Actionable Under Hostile Work Environment T
- Illinois DOC Seeks to Block Ex-Wardens Benefits, by Matthew Clarke
- The Decline and Fall of the Prison Press, by Leah Caldwell
- Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And D
- California Auditor: Prison Industries Loses Money and Fails to Demonstrate Rehabilitative Success, by Marvin Mentor
- Nevadas Son of Sam Statute of Violates First Amendment, by Mark Wilson
- California Legislature Reorganizes DOC To Add Rehabilitation, by Marvin Mentor
- Aramark to Pay $65,000 for Overbilling Pennsylvania Prison
- $40,000 Default Judgment Reversed for Determination of Service of Process Validity
- Unpaid Prisoners Clean Up Rita Ravaged Southeast Texas
- $20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges
- Estate of Pennsylvania Prisoner Killed By Wexford Health Sources Settles Suit for $2.15 Million, by Michael Rigby
- Michigan Youth Prison Closed But Problems Continue, by Michael Rigby
- Love Letter Mail Scam Nets Ten Prisoners $221,000 and Fed Time
- Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation
- Michigan DOCs Visitation Ban for Substance Abuse Upheld
- California Prison Excessive Force Death Suit Settled For $850,000
- GEO Buys CSC After Settling $38.8 Million Judgment in Texas Boot Camp Death
- Washington DOC May Seize Money for LFOS; RCW 9.94A.772 Abrogates Angula
- GAO: Private Contractors Perform Poorly At Overseas Military Prisons, by Matthew T. Clarke
- Denial of Medication/Prescribed Treatment States Eighth Amendment Claim
- Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000, by Joan G. Crumpler
- Florida Muslim's Forced Shave Challenge Remanded, by David Reutter
- Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners
- California Ex-Con DNA Collection Law Ruled Not Retroactive, by John E Dannenberg
- PHS Parent Company Fires Executives For Cause In Billing Scandal
- Hawaii Guard Given Probation for Prisoners Death, by Gary Hunter
- Failure to Procure Medical Treatment Suit Proceeds Against Puerto Rican Guard
- Dismissal of the Publisher/Approved Vendor Only Challenge Reversed
- California Ban On Sexually Explicit Materials Upheld
- Washington DOC Pays Again for Flaunting Open Records Law
- Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable, by John E Dannenberg
- PLRA Does Not Apply to Released Prisoner
- § 1997e(e) Governs First Amendment Claims in Fifth Circuit
- Qualified Immunity Denied in Illinois Jail Rape Case
- Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor
- Washington Community Placement Condition Barring Pornography Unconstitutionally Vague
- SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls
- News in Brief:
- PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police
More from these topics:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025. Prison/Jail Murders, Conditions of Confinement, Staffing, Cruel and Unusual Punishment.
- Seventh Circuit Reverses Denial of Class Certification in Suit Over Inadequate Dental Care at Chicago Jail, March 1, 2025. Dental Care, Failure to Treat, Class Certification.
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.
- Philadelphia Held in Contempt of Jail Conditions Settlement, Ordered to Pay $25 Million, Feb. 15, 2025. Conditions of Confinement, Settlements, Contempt (Civil Procedure), Policy Considerations, Fines.
- Harvey Weinstein Files Notice of Claim Over Rikers Island Detention, Feb. 15, 2025. Systemic Medical Neglect, Conditions of Confinement, State Law Claims.
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025. Disabled Prisoners, Systemic Medical Neglect, Malpractice, Conditions of Confinement, Americans with Disabilities Act.
- Federal Prison Oversight Act Becomes Law, Feb. 15, 2025. Conditions of Confinement, Bureau of Prisons (BOP), Policy Considerations, Discovery and Inspection.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Pennsylvania Prisoner Released from Solitary After 15 Years, Jan. 15, 2025. Disabled Prisoners, Settlements, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement.
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.