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New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail by Michael Brodheim On May 28, 2009, a U.S. District Court granted class-action status to prisoners seeking declaratory and injunctive relief for unconstitutional conditions of confinement at the Passaic County Jail (PCJ) in Paterson, New …
California Prison Officials Settle Deliberate Indifference Suit for $12,000 by Michael Brodheim Following mediation in July 2008, Peter Cockcroft, proceeding pro se, agreed to a $12,000 settlement of his § 1983 suit for damages alleging Eighth Amendment violations that transpired between March 2004 and January 2006, when he was a …
Article • April 15, 2010 • from PLN April, 2010
Arkansas Prisoner Almost Dies After Being Left in Feces by Justin Miller An Arkansas prison guard who had been previously fired and rehired by the state’s prison system was terminated a second time after he was involved in an incident that almost resulted in a prisoner’s death. On June 22, …
New Orleans Jail Conditions Found Unconstitutional by Jimmy Franks In June, August and November 2008, the Orleans Parish Prison (OPP) in New Orleans, Louisiana was the target of a U.S. Department of Justice investigation conducted by the agency’s Civil Rights Division. Under the auspices of the Civil Rights of Institutionalized …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Settlement in Idaho Jail Condition Class-Action Suit by Matthew Clarke by Matt Clarke On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County …
Settlement Promises Improvements at Baltimore City Jail by Matthew Clarke by Matt Clarke On August 18, 2009, a settlement was reached in a class-action lawsuit over conditions of confinement at the Baltimore City Detention Center (BCDC). The lawsuit dates back to 1971 and had been on the federal district court’s …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Massachusetts Prison Officials Assault Prisoner With Feces, Settle Lawsuit for $5,000 by In January 2009, Eric Bargoot, a Massachusetts prisoner who suffers from post-traumatic stress disorder and panic disorder, as well as a heart condition, settled his § 1983 lawsuit for damages arising from events in September 2004, during which …
Texas Prisoners Still Dying in Houston Jails, Among Other Problems by Gary Hunter Clarence Freeman’s hot check turned out to be his death warrant after it resulted in his arrest and incarceration at the Harris County Jail in Houston, Texas, where he was fatally assaulted by a guard. On New …
Brief • October 13, 2009
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Article • September 15, 2009
$10,000 Settlement for Ill Treatment Prisoner Colostomy Bag by Washington State’s King County jail has paid $10,000 to settle the claim of Patrick Gaines, who entered jail on May 17, 2002 wearing a colostomy bag that had been surgically implanted in December 2001. Up until May 20, Gaines was kept …
Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case by On December 30, 2008, a Massachusetts state court awarded a former prisoner $547,566 in attorney fees and $2,741 in costs and litigation expenses in a civil rights action in which the plaintiffs were awarded only nominal …
Article • July 15, 2009 • from PLN July, 2009
$75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell by Washington State’s King County Jail has settled a pre-trial detainee’s claim that he was unconstitutionally punished. The Jail settled the matter for $75,000. The basis of the claim was a guard shutting off the water in the prisoner’s …
No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
$875,001 Verdict in Beating of Massachusetts Prisoner by David Reutter by David M. Reutter Finding that a guard at Massachusetts’ Suffolk County House of Correction (SCHC) had violated a prisoner’s Eighth Amendment rights and committed assault and battery, a federal jury awarded the prisoner $875,001 in damages. The 121-page complaint …
Conditions in Maricopa County, Arizona Jails Still Unconstitutional by Matthew Clarke by Matt Clarke On October 22, 2008, U.S. District Court Judge Neil V. Wake issued an 83-page order with findings of facts and conclusions of law in a long-running civil rights lawsuit against Maricopa County, Arizona Sheriff Joe Arpaio …
1980s Settlement Agreement Heads to Improved Conditions in Nevada Prisons by The state of Nevada has agreed to a comprehensive settlement agreement that will improve conditions at all Nevada prisons. Billy Shapley and other Nevada state prisoners filed a class action suit against Nevada prison officials alleging that their First, …
Releasing The Disease: Is Overcrowded Cook County Jail Responsible For The Rise Of MRSA On The Outside? by Kelly Virella Releasing The Disease: Is Overcrowded Cook County Jail Responsible For The Rise Of MRSA On The Outside? by Kelly Virella The sudden death of a 17-month-old boy in Hyde Park …
Article • February 15, 2009
$10,000 Settlement For Ex Federal Prisoner After Slipping In Water by Ex Federal prisoner and Michigan resident William Bonhart brought a federal tort action in 2000 against the U.S. Department of Justice (DOJ) and the Federal Bureau of Prisons (BOP) after slipping in water in 1998 at the Federal Correctional …
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