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Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
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 • November 15, 2002 • from PLN November, 2002
Washington Pretrial Detainees Have Right to Access Courts by The Washington State Court of Appeals held that Washington prisoners have a greater right to access to the courts than the federal constitution provides, and that right extends to pro se pretrial detainees. Matthew Silva was charged with taking a car …
Nominal Damages Not Automatic by The Court of Appeals for the Eleventh Circuit has held that nominal damages are not automatic when a jury renders a verdict for excessive use of force, but fails to award compensatory or punitive damages. Temporary detainee George B. Oliver filed a civil rights action …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Summary Judgment Denied in Ohio Jail Booking Fee Challenge by Robert Woodman In a case of first impression, an Ohio Federal District Court denied summary judgment to the Hamilton County [Ohio] Sheriff and the Hamilton County Board of Commissioners in a former jail prisoner's challenge to Hamilton County's assessment of …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Article • May 15, 2002 • from PLN May, 2002
Prison Phone Rate Case Remanded to South Carolina State Court by The United States District Court of South Carolina has remanded to state court a suit by prisoners' family members against Sprint Payphone Services and other communications providers, the State of South Carolina, and the South Carolina Department of Corrections …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
Pubic Hair Search by Medical Personnel Constitutional by The Court of Appeals for the Eleventh Circuit has overturned a district court's order that held as unconstitutional a Sheriff's policy of searching a prisoner's pubic hair prior to release. PLN previously reported the district court's order. (See: Skurstenis v. Jones , …
Pennsylvania Youths Have No Right to Education by The Court of Appeals for the Third Circuit has held that Pennsylvania youths sentenced as adults and sentenced to county detention centers have no right to an education. This was a class action suit filed by school-aged youths against the Pennsylvania Department …
Article • March 15, 2002 • from PLN March, 2002
Arizona Prisoner Adequately Pleaded Section 1983 Claim by The Arizona Court of Appeals held that a prisoner was barred from bringing a tort action against the state and Department of Corrections (DOC) but that his allegations were sufficient to support a claim against a prison official under 42 U.S.C. § …
California Prison Guards Protected in Criminal Investigation by A recent case before the First Appellate District of California demonstrates the political clout of the California Correctional Peace Officers' Association (CCPOA), and the sweetheart treatment that clout buys. That clout enabled CCPOA to win a preliminary injunction against the California Department …
Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded by The Tenth Circuit Court of Appeals has upheld a Colorado statute which excludes from waiver of state sovereign immunity those actions brought by prisoners. The Court also reversed summary judgment for a guard who delayed medical treatment for a …
Minnesota Cost-of-Confinement Surcharge Upheld by The Court of Appeals of Minnesota has upheld a surcharge imposed on prisoners in custody of the Minnesota Department of Corrections (DOC). The case had been filed as a class-action suit in a Minnesota district court challenging a DOC rule imposing a 10% cost-of-confinement surcharge, …
$2.2 Million Award for New Mexico Prison Bug Spray Injuries by The Third Circuit Court of Appeals has reversed the denial of a habeas corpus petition which challenged the federal Parole Commission's denial of parole with a 15_year setback. The Court, however, did not order a new hearing but only …
Indigent Texas Prisoners Subject to 31 Day Statute of Limitations by In two recent cases, Texas state restrictions on the filing of civil lawsuits, codified at Chapter 14 of the Texas Civil Practice and Remedies Code (TCPRC), in Texas state court have been upheld. One restriction includes a 31day statute …
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