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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 …
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 …
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