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Article • May 15, 2007
Okay to Withhold Water from Prisoner Who Refuses to Work by The court of appeals for the Eleventh circuit held it was permissible for an Alabama prison guard to deny water to a prisoner who refuses to work. Ruling discusses the use of force to coerce prisoner labor. See: Ort …
Article • May 15, 2007
Unsanitary Food, Contaminated Water State Claim by The court of appeals for the Ninth circuit held that allegations of unsanitary food handling and polluted water in an Arizona prison stated a claim. The district court erred in dismissing the suit as frivolous. Not a ruling on the merits. See: Jackson …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Article • May 15, 2007
Lack of Toilets in Cells Unconstitutional by The Supreme Judicial Court of Massachusetts, Suffolk, held that the lack of toilets and hot and cold running water at an Essex County jail constituted cruel and unusual punishment in violation of the Eighth Amendment and the Massachusetts Declaration of Rights as measured …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
Mentally Ill Prisoner's Dehydration Death Disputed by The decedent, held in a prison mental health unit, died of severe dehydration after the water to his cell was turned off as a response to his flooding his cell believing that he smelled smoke. Four days later he was sent to an …
Article • May 15, 2007
No Claim for Guard Ordering Prisoner to Touch his Penis by The plaintiff alleged that on two occasions an officer unzipped his clothing and instructed the plaintiff to grab his penis. He further alleged that the same officer turned off his water and power for five hours in connection with …
Scott v. DC, Settlement, Magbie jail death quadriplegic, 2007 .-. GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Corporation Counsel Generaluugarion Division ORDERED: lbat, pursuant to authority of Mayor's Order No. 88-238 the claim and lawsuit of Mary Scott, Social Security Number I iudi .dually and as personal representative …
Buford-Lewis v. Marion County, IN, Complaint, jail conditions, 2007 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 1 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 2 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 3 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 4 of 9 Case …
No Qualified Immunity for Michigan Prisoner’s Heat-Dehydration Death by No Qualified Immunity for Michigan Prisoner's Heat-Dehydration Death The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to eleven prison officials in the isolation, dehydration and death of a Michigan prisoner. A "heat alert" was issued for Ionia …
Alabama Guards Liable in Killing a Prisoner by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district courts grant of summary judgment to guards in a civil rights suit stemming from the killing of a prisoner by guards during a struggle. Following a successful escape attempt at …
Muslim Prisoner Attacked by Other Muslims May Sue Prison for Failure to Protect by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that a California Muslim prisoner who was attacked by fellow Muslims stated two Eighth Amendment claims against prison officials by alleging that (1) they failed to …
$20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges by The First Circuit Court of Appeals has upheld a jurys award of $20,500 to a pretrial detainee in a civil rights action, alleging denial of due process from the filing of false disciplinary charges. Jason Surprenant was a pretrial …
Dittimus-Bey v. Taylor, NJ, Amended Complaint, Jail Conditions, 2006 Case 1:05-cv-00063-JBS-JS Document 60 Filed 03/31/06 Page 1 of 21 PageID: 248 TRUJILLO RODRIGUEZ & RICHARDS, LLC Lisa J. Rodriguez Nicole M. Acchione 8 Kings Highway West Haddonfield, NJ 08033 (856) 795-9002 Counsel for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF …
Texas Jails Troubled by Deaths, Negligence and Failed Inspections by Gary Hunter For decades Texas jails have been cesspool's of misery, medical neglect, brutality and over crowding. Class action litigation in the 1970's alleviated some of the worst aspects of the Texas jail system and led to modest improvements. By …
Article • July 15, 2005 • from PLN July, 2005
Three California Prisons Ration Water Due To Contaminated Wells by by John E. Dannenberg When wells at the California Rehabilitation Center (CRC), Salinas Valley State Prison (SVSP) and Sierra Conservation Center (SCC) state prisons became contaminated, water was severely rationed until repairs could be made. In June, 2004, when maximum-security …
Article • January 15, 2005 • from PLN January, 2005
Washington Prison's Water System and Meat Contaminated With Feces by Roger Smith On August 20, 2004, fecal coliform and E. coli were found in the water system at the McNeil Island Correction Center (MICC) near Steilacoom, Washington. E. coli was also found in about 6,000 pounds of ground beef produced …
Montana BMPs Are Cruel and Unusual Punishment by Mark Wilson The Montana Supreme Court held that the use of Behavior Modification Plans (BMPs) and the living conditions of A-Block (Max) at the Montana State Penitentiary (MSP) constituted "an affront to the inviolable right of human dignity possessed by [prisoners] and …
Article • July 15, 2004 • from PLN July, 2004
Washington DOC Fined $60,000 for Bogus Water Pollution Reports by The Washington State Department of Ecology (DOE) has fined the state Department of Corrections (DOC) $60,000 for falsifying water pollution reports. The fine was levied after the DOE discovered that officials at the McNeil Island Correction Center (MICC) near Steilacoom, …
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