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GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible by Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible The Eleventh Circuit Court of Appeals held a prisoner …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
Okay to Deprive Arrestees of Food and Water for Short Time by Okay to Deprive Arrestees of Food and Water for Short Time Plaintiffs who were arrested and spent "a short time" (unspecified, but the characterization is undisputed) in a police lockup were not subjected to punishment by the failure …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
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 …
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