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Article • May 15, 2000 • from PLN May, 2000
Denial of Medication Precludes Summary Judgment by The U.S. district court for the southern district of Ohio held that a genuine issue of material fact precluded summary judgement against an arrestee who was denied needed AIDS medication during his eight-day jail incarceration. Devin Karl Murphy brought a 42 U.S.C. § …
Transsexual Prisoners Have Privacy Right by The U.S. court of appeals for the Second Circuit held that transsexual and HIV+ prisoners have a privacy right to confidentiality of their prison medical records and physical conditions. However, because this principle was not clearly established law, the defendants were entitled to qualified …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
New Mexico Private and State Prison Phone Rates Challenged by Two separate state court class action lawsuits have challenged the excessive phone rates charged to people who accept collect calls from New Mexico state prisoners. The first lawsuit, Valdez v. Wackenhut Corrections Corporation, was filed on December 30, 1999, in …
Retaliation, Publication Ban and Lack of Dental Care States Claim by The court of appeals for the Eighth circuit held that a prisoner's complaint that he was retaliated against for using the prison grievance system, denied access to all publications and denied dental care, stated a claim. Missouri prisoner Percy …
Article • May 15, 2000 • from PLN May, 2000
Qualified Immunity Denied in BOP Transsexual Strip Search by Bob Williams The Tenth Circuit Court of Appeals has denied qualified immunity to federal prison officials for a transsexual strip search conducted in front of numerous spectators. Dee Farmer, a prisoner in the Federal Bureau of Prisons (BOP) at FCI Englewood, …
Jury Awards $700,000 to Chicago Jail Worker for Sexual Harassment by On July 2, 2003, a federal jury in Chicago, Illinois, awarded $700,000 in damages to a female employee of the Chicago jail in Illinois who was sexually harassed and assaulted by a male co-worker. Kathleen Kessel, 35, and Beverly …
Wyoming Prisoners Win Summary Judgment for Increased Security by John E Dannenberg by John E. Dannenberg The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. …
Article • May 15, 2000 • from PLN May, 2000
Chief Medical Officer Liable On Medical Policy Decisions by John E Dannenberg Chief Medical Officer Liable On Medical Policy Decisions by John E. Dannenberg The Second Circuit US Court of Ap-peals held that a prisoner's complaint regarding a painful chronic medical complication that developed at the site of a knife …
No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …
Article • April 15, 2000 • from PLN April, 2000
Texas Prison Rocked by Guard Killing, Riot by A guard at the McConnell Unit prison in Beeville, Texas, was fatally stabbed a week before Christmas, 1999. Three days later 80 convicts escaped from their ad-seg cells and took control of the unit for three and a half hours before riot …
New York Federal District Court Rules Nassau County Strip Search Policy Unconstitutional by Ray E. Shain was arrested in Nassau County, New York, after police received a domestic disturbance call, and subsequently remanded by a Nassau County District Court Judge to the custody of the Nassau County Sheriff at the …
No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …
Article • April 15, 2000 • from PLN April, 2000
Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
Article • April 15, 2000 • from PLN April, 2000
No Immunity for Media Defendants in Ridealong Suit by In the October, 1999, issue of PLN we reported Hanlon v. Berger, 119 S.Ct. 1706 (1999) where the court held that it violates the Fourth Amendment to the U.S. constitution for police to bring media reporters and photographers with them when …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
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