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Washington Gift Subscription Ban Injunction Affirmed
Article • July 15, 1999 • from PLN July, 1999
Filed under: Damages, Injunctions, Contempt (Civil Procedure), Qualified Immunity, Mail, Publications/Books, Mail Regulations, Due Process
Washington Gift Subscription Ban Injunction Affirmed by In the February, 1998, issue of PLN we reported Crofton v. Spalding and Crofton v. Ocanaz. Both were unpublished rulings from the U.S. district court in Spokane, Washington. Two separate judges ruled that a Washington State Penitentiary (WSP) policy requiring that prisoners purchase …
$660,000 Awarded in Post-Sandin Segregation Suit
Article • July 15, 1999 • from PLN July, 1999
Filed under: Liberty Interests, Damages, Supervisory Liability, Ad-Seg Hearings, Mental Health
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Parole Officials Liable for False Information in Parole Violation Arrest Warrant
Article • June 15, 1999 • from PLN June, 1999
Filed under: Misconduct/Corruption, Parole Board Misconduct, Disciplinary Litigation, Filing Fees (PLRA), Physical Injury Rule, Parole, Qualified Immunity
Parole Officials Liable for False Information in Parole Violation Arrest Warrant by A federal district court in New Jersey has held that parole officials are liable for causing the arrest of a parolee based upon false information. Robert Friedland, a New Jersey state prisoner, was paroled in August, 1995. Subsequently …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion
Article • May 15, 1999 • from PLN May, 1999
Filed under: DOC/BOP misconduct, Eighth Amendment, Excessive Force, Shootings, Damages, Settlements, Supervisory Liability, Death Row
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
County Bankruptcy Tolls FRCP 4(m)
Article • May 15, 1999 • from PLN May, 1999
Filed under: Threats by Staff, Failure to Protect (General), Civil Procedure, Service, Bankruptcy, Municipal Liability
County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Denial of Handicapped Jail Facilities Set for Trial
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disabled Prisoners, Medical, Medication, Juries, Premises Liability, Involuntary Treatment/Drugging
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
Cane Seizure Can Violate Eighth Amendment
Article • April 15, 1999 • from PLN April, 1999
Filed under: Discrimination, Disabled Prisoners, Supervisory Liability
Cane Seizure Can Violate Eighth Amendment by Afederal district court in New York held that the seizure of a prisoner's medically prescribed cane by a guard can give rise to an Eighth Amendment violation. Because the guard's subjective intentions for seizing the cane were at issue, the court denied summary …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles
Article • April 15, 1999 • from PLN April, 1999
Filed under: Prisoner-Prisoner Assault, Snitch Jacketing, Overcrowding, Attorney Fee Awards, Attorney Fees (PLRA), Civil Procedure, New Trial Motions, Municipal Liability, Failure to Protect (Juveniles)
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
Illegal Detention Violates Substantive Due Process
Article • April 15, 1999 • from PLN April, 1999
Filed under: Civil Procedure, State Law Claims, Wrongful Imprisonment, Qualified Immunity, Supervisory Liability, Municipal Liability
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …
New York Prisoners Have Right to Staff Assistance and Witness Testimony
Article • April 15, 1999 • from PLN April, 1999
Filed under: Disciplinary Hearings, Liberty Interests, Witnesses (Disciplinary Hearings), Hearing Officers, Staff Assistance, Qualified Immunity
New York Prisoners Have Right to Staff Assistance and Witness Testimony by The court of appeals for the Second Circuit held that New York state prisoners have a right under the Due Process Clause to have disciplinary hearing officers provide staff assistance and to obtain requested documentary evidence and witness …
$1,500 in Disabled Prisoner Work Suit
Article • April 15, 1999 • from PLN April, 1999
Filed under: Work, Prison Industries, Inability to Work, Cardiovascular, Skeletal Injury, Damages, Supervisory Liability
$1,500 in Disabled Prisoner Work Suit by The Eighth Circuit court of appeals has upheld the award of $1,500 against prison officials who forced a prisoner to perform manual labor which violated his medical work restrictions and resulted in injury. German Williams, an Arkansas state prisoner, was assigned a medical …
No Private Rights Under International Treaties
Article • March 15, 1999 • from PLN March, 1999
Filed under: Medical Experiments/Exploitation, International Law, Immunity/Liability, Contractor Liability
No Private Rights Under International Treaties by Afederal district court in Washington state held that state prisoners do not have an implied right of action for alleged "crimes against humanity," as violations of international law. The court further held that neither the International Covenant on Civil and Political rights (ICCPR), …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force
Article • March 15, 1999 • from PLN March, 1999
Filed under: Strip Searches, Administrative Exhaustion (PLRA), Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Qualified Immunity
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Eighth Amendment Applies to Escaped Convicts
Article • March 15, 1999 • from PLN March, 1999
Filed under: Escapes, Excessive Force, Shootings, Qualified Immunity
Eighth Amendment Applies to Escaped Convicts by The court of appeals for the Sixth circuit held that escaped convicts are not subject to Fourth Amendment protections simply because they are outside of a facility. Only the Eighth Amendment applies. Since the law in this regard was unsettled, a guard who …
Warden May Be Liable for Rape
Article • March 15, 1999 • from PLN March, 1999
Filed under: Prisoner-Prisoner Assault, HIV/AIDS, Conditions of Confinement, Failure to Protect (General), Eighth Amendment, Supervisory Liability
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
Doe v. Wackenhut Corrections, TX, Complaint, Juvenile Prison Misconduct, Guard Rape and Abuse, 1999
Brief • March 12, 1999
Filed under: Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Guard Brutality/Beatings, Sentencing, Overdetention, Failure to Train/Supervise, Juveniles, Failure to Protect (Juveniles), Juvenile Prisons, Staff Training
Doe v. Wackenhut Corrections, TX, Complaint, Juvenile Prison Misconduct, Guard Rape and Abuse, 1999 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 1 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 2 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 3 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 …
Trial Required in Wisconsin Excessive Force Suit
Article • February 15, 1999 • from PLN February, 1999
Filed under: Cell Searches, Excessive Force, Guard Brutality/Beatings, Summary Judgment, Qualified Immunity
Trial Required in Wisconsin Excessive Force Suit by Afederal district court in Wisconsin held that a trial was required to determine if excessive force was used during a prison cell search. The court held that defendant prison officials had failed to present sufficient evidence to support their motion for summary …
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA
Article • February 15, 1999 • from PLN February, 1999
Filed under: Deaf Prisoners, State Law Claims, Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act, Qualified Immunity
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA by Prisoners Entitled To Money Damages And Injunctive Relief Under ADA And RA A federal court in Michigan held that prison officials were not entitled to qualified immunity for money damages in a deaf prisoner's American Disability Act …
Indiana Jail Ban on Publications Struck Down
Article • February 15, 1999 • from PLN February, 1999
Filed under: Civil Procedure, State Law Claims, Qualified Immunity, Publications/Books
Indiana Jail Ban on Publications Struck Down by In an unpublished ruling, on May 13, 1998, a federal district court in Indiana held that a county jail's policy prohibiting prisoners from receiving publications from any source outside the jail was unconstitutional. In 1997 the St. Joseph county jail in Indiana …
Arizona Jail Porn Ban Struck Down
Article • February 15, 1999 • from PLN February, 1999
Filed under: Standing, Municipal Liability, Mail, Publications/Books, Sexually Explicit Materials, Mail Regulations
Arizona Jail Porn Ban Struck Down by The court of appeals for the Ninth circuit held that a jail rule banning all sexually explicit materials was unconstitutional. In 1993 the Maricopa county jail in Phoenix, Arizona, adopted rules banning all sexually explicit materials from receipt or possession by Jail prisoners. …
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