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Article • July 15, 2000 • from PLN July, 2000
Individual Analysis Required for Diabetic Class Action Damage Award by Ronald Young By Ronald Young The court of appeals for the Third circuit held that the lower court erred in holding that all members of the plaintiff class past, present, and future of insulin-dependent diabetic prisoners alleged violation of their …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • July 15, 2000 • from PLN July, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson 112,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
Prison Working Conditions Protected by Eighth Amendment by A federal district court in New York held that fact issues existed as to whether a prison official was deliberately indifferent to a prisoner's health, and whether she was aware of unsafe working conditions. Since both situations fall within the purview of …
Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …
Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Article • May 15, 2000 • from PLN May, 2000
Texas Prison Dentist Settles Dentures Suit for $3,150 by Jon Michael Withrow In April, 2003, a state prison dentist settled for $3,150 a 42 U.S.C. § 1983 suit brought by a prisoner in the federal district court for the Eastern District of Texas, alleging that the dentist refused to provide …
Article • May 15, 2000 • from PLN May, 2000
$115,000 Settlement in Seattle Jail Strip-Search Suit by John E Dannenberg by John E. Dannenberg King County and the City of Seattle settled a wrongful strip-search suit for $115,000 on May 21, 2003 and also agreed to change strip-search policies at King County jails. Jasmine Wells and Brian Walton, college …
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 …
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