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Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Constitutionality of ADA Upheld by Fourth Circuit by In the September, 1998, issue of PLN we reported Amos v. Maryland Department of Public Safety, 126 F.3d 589 (4th Cir. 1997) in which the court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12165 and the Rehabilitation Act …
Cell Feed Status May Give Jailer Actual Notice of Need to Protect Prisoner by The First Circuit has held that the fact a jail supervisor knew a prisoner was on cell feed status may have given him actual notice of the prisoner's protective custody status when he placed the prisoner …
Oregon DOC Liable for Attacks by Parolees by The Oregon Court of Appeals upheld a trial court judgment against the Department of Corrections (DOC), concluding that violent crimes committed by a parolee were a reasonably foreseeable consequence of inadequate parole supervision. In 1984, Cal Brown was convicted of assaulting an …
Washington Municipalities Liable for Attacks by Probationers by The Washington state Supreme Court held that municipalities have a duty to protect others from reasonably foreseeable harm resulting from the dangerous propensities of probationers and pretrial releasees under their supervision. In 1990 Barry Krantz raped a 6 year old little girl …
New Jersey Jail Settles Chemical Burn Suit for $900,000 by On April 20, 1999, Atlantic County, New Jersey, paid $900,000 to settle a lawsuit involving extensive chemical burns suffered by a prisoner forced to do calisthenics in a pit filled with caustic chemicals. David Zamot was a non violent offender …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
Sandin Does Not Apply to Pretrial Detainees by The Seventh Circuit court of appeals has held that a pretrial detainee may not be punished for his crime prior to conviction and that Sandin v. Conner, 515 U.S. 472 (1995), does not apply to suits by pretrial detainees. Ricky Joe Rapier …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
Trial Required in Jail Attack by A federal district court in New York held that a trial was required to resolve disputed issues of material fact where a jail guard was accused of assaulting a detainee. The court also held that the county could not be held liable for a …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
Article • November 15, 1999 • from PLN November, 1999
Probable Cause Hearing Delay Actionable by Ronald Young The court of appeals for the Seventh circuit held that the fact issue as to whether an arrestee's detention without a probable cause hearing resulted from the sheriff's deliberate decision not to monitor detainees brought to jail by outside agencies precluded summary …
Article • October 15, 1999 • from PLN October, 1999
Perp Walks Unconstitutional According to New York Federal Court by A federal district court in New York has ruled that "perp walks" staged by the police at the behest of the media are unconstitutional. John Lauro, Jr. was the doorman at a building In Manhattan. Matthew Eberhart was a building …
Utah Jail Settles ADA Suit by On May 6, 1999, Salt Lake County, Utah, settled a lawsuit by paying $2,000 in damages, $4,000 in attorney fees and agreeing to modify its jail for the handicapped. Robert Earls, a former jail detainee, is missing a leg and must use a prosthesis. …
Private Transportation Company Liable Under 42 USC § 1983 by Private Transportation Company Liable Under 42 USC § 1983 A federal district court in Colorado held that alleged sexual assaults committed by an employee of a private transportation company, under contract with the state Department of Corrections, were committed under …
Concealment of Info Tolls Statute of Limitations by A federal district court in New York held that a prisoner could amend his complaint to add new defendants, and that the amendment relates back to the original complaint, overcoming an otherwise time-barred amendment. The court further held that official concealment of …
Texas Settles with Hanged Prisoner's Family by The state of Texas agreed in June 1999 to pay $215,000 to settle a lawsuit filed by the family of Rodney Hulin, a 17-year-old Texas state prisoner who was found hanging in his cell in 1996. About 30 days after arriving at the …
Pro Se Texas Prisoner Awarded $1.08 Million in Failure to Protect Suit by In May, 1999, a federal jury in San Antonio, Texas, awarded Texas prisoner William Wallace Campbell $80,000 in compensatory damages and $1 million in punitive damages in a failure to protect lawsuit. Campbell represented himself pro se …
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