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Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures by When the Tennessee legislature passed the Private Prison Contracting Act of 1986, codified at TCA § 41-24- 101 to 115, the following provision was included: "No contract for correctional services shall authorize, allow or imply a delegation of the authority or …
Texas Jail Whistleblower Awarded $3.3 Million by On January 26, 1999, the Lubbock county commissioners court approved a $3.3 million settlement with fired jailer Karen Strube. Strube was a jail guard in the Lubbock County jail in Texas. She complained to the Texas Department of Health (DOH) that she had …
Article • September 15, 1999 • from PLN September, 1999
US Supreme Court Holds Media Ride-Alongs Unconstitutional by A unanimous United States Supreme Court held that police violate the Fourth amendment of the U.S. constitution when they allow members of the news media to ride along with them while executing search and arrest warrants. The court also held police were …
Article • September 15, 1999 • from PLN September, 1999
No Court Access Right to Litigate Civil Forfeiture by The U.S. court of appeals for the Eleventh Circuit held that prisoners do not have an access-to-court right to defend against civil forfeiture. The court also accorded qualified immunity, sua sponte, to all defendants on the prisoner's conditions of confinement claims. …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Suing Prison Physician for Deliberate Indifference by A federal district court in New York denied summuary judgment to a prison physician being sued for medical neglect. The court held that a genuine issue of material fact was in dispute in that the physician may have acted with deliberate indifference …
Article • September 15, 1999 • from PLN September, 1999
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Article • August 15, 1999 • from PLN August, 1999
Denial of Pain Medication Violates Eighth Amendment by The court of appeals for the Seventh circuit held that a guard's denial of prescribed pain medication to a prisoner undergoing cancer treatment violates the Eighth Amendment's ban on cruel and unusual punishment. James Ralston, a Wisconsin state prisoner, was given radiation …
Article • August 15, 1999 • from PLN August, 1999
Motive Question Precludes Summary Judgment in Medical Suit by The U. S. court of appeals for the Eighth Circuit held that the existence of a factual dispute as to whether jail guards and medical staff intended to punish a detainee for requesting medical treatment, precluded summary judgment. While Ronald Davis …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Adequate Opportunity for Discovery Required by The court of appeals for the Second Circuit held that when a pro se prisoner brings a colorable claim against supervisory prison officials, and those officials respond with a dispositive motion based on the prisoner's failure to identify the real culprits, dismissal should not …
Qualified Immunity in Transsexual Treatment Case by In the December, 1998, issue of PLN we reported Farmer v. Hawk, 991 F. Supp. 19 (D DC 1998). Dee Farmer, a federal pre operational male to female transsexual, challenged the Bureau of Prisons (BOP) policy of not providing adequate treatment to transsexual …
New York Work Release Suit Dismissed by In the February, 1997, issue of PLN we reported Roucchio v. Coughlin, 923 F. Supp. 360 (ED NY 1996), which held that New York prisoners may have a due process liberty interest in work release status. In this ruling, the same court held …
Private Prison Guard Is State Actor for § 1983 Purposes by Private Prison Guard is State Actor for § 1983 Purposes Afederal district court in New Mexico held that a guard employed by Corrections Corporation of America was a "state actor" acting under "color of state law" when he allegedly …
No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear a warden's interlocutory appeal disputing material facts in the case. The court also held that letters from a prisoner alerting supervisory prison officials to …
Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
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