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$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. …
Guard Socked for $37,500 in Vendetta
Article • February 15, 1999 • from PLN February, 1999
Filed under: Guard Misconduct, Excessive Force, Guard Brutality/Beatings, Damages, Supervisory Liability
Guard Socked for $37,500 in Vendetta by A federal jury awarded $37,500 to a Massachusetts prisoner who said a man he shot in the head in 1991 became a prison guard, sought him out, and became his worst nightmare. Zeferino DePina, 24, claimed that prison officials did nothing while the …
Illinois Sheriffs Are County Employees
Article • February 15, 1999 • from PLN February, 1999
Filed under: Police Misconduct, Immunity/Liability, Eleventh Amendment Immunity, Municipal Liability
Illinois Sheriffs Are County Employees by Illinois Sheriffs are County Employees The court of appeals for the Seventh circuit held that sheriffs in Illinois are county, not state, employees and therefore are not entitled to Eleventh amendment immunity from suits for money damages. Two citizens arrested by Dupage county sheriffs …
Rikers Island Brutality Suit Settled
Article • February 15, 1999 • from PLN February, 1999
Filed under: Criminal Prosecution, Conditions of Confinement, Totality of Conditions, Excessive Force, Guard Brutality/Beatings, Damages, Settlements, Supervisory Liability
Rikers Island Brutality Suit Settled by Jonathan Chasan By Jonathan Chasan New York City officials have acknowledged the need for far-reaching court-ordered reforms to curb systemic brutality and its cover up in the Rikers Island Central Punitive Segregation Unit ("CPSU" or "the bing"), known in the City jails as "the …
Victim of Guard Rape Awarded $50,000
Article • February 15, 1999 • from PLN February, 1999
Filed under: Staff-Prisoner Assault, Guard Misconduct, Gender Discrimination -- Women, Damages, Municipal Liability, Mental Health
Victim of Guard Rape Awarded $50,000 by The court of appeals for the Eighth Circuit held that a continuing, widespread, and persistent pattern of sexual activity between the guards and prisoners of the Jackson County (Missouri) jail, coupled with the county's custom of inaction towards allegations of sexual misconduct by …
Abuse of Discretion to Dismiss Medical Suit
Article • February 15, 1999 • from PLN February, 1999
Filed under: Work Release, Medication, Seizures, Appointment of Counsel, Civil Procedure, Summary Judgment, Complaints, Parties, Contractor Liability
Abuse of Discretion to Dismiss Medical Suit by The Seventh Circuit court of appeals has held that a district court abused its discretion when, on technical procedural grounds, it refused to grant a prisoner leave to amend his suit adding the full names of defendants and dismissed the suit. Ralphfield …
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case
Article • February 15, 1999 • from PLN February, 1999
Filed under: Staff-Prisoner Assault, Sexual Harassment, Staff-Prisoner Harassment, Gender Discrimination -- Women, Abortion, Damages, State Law Claims, Evidentiary Ruling, Supervisory Liability
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case by The court of appeals for the eighth circuit held that an Arkansas state prisoner was entitled to damages for both the state tort of "outrage", and for a constitutional violation. The court reinstated the full $80,000 damage award against the …
Parole Officer Recommendation Not Protected by Absolute Immunity
Article • February 15, 1999 • from PLN February, 1999
Filed under: Parole Board Misconduct, Retaliation for Litigating, Civil Procedure, State Law Claims, Parties, Parole, Qualified Immunity, Judicial Immunity, Prosecutorial Immunity
Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …
Cancellation of TDCJ/VitaPro Contract Reversed
Article • February 15, 1999 • from PLN February, 1999
Filed under: Contractor Misconduct, DOC/BOP misconduct, Prison Industries, Food, Immunity/Liability, Contractor Liability
Cancellation of TDCJ/VitaPro Contract Reversed by ATexas appellate court held that a material fact issue of whether dehydrated textured vegetable protein (TVP) is an agricultural commodity precludes the trial court from granting the Texas Department of Criminal Justice (TDCJ) summary judgment declaring its contract with VitaPro invalid. In mid-1994, TDCJ …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling
Article • February 15, 1999 • from PLN February, 1999
Filed under: Deaf Prisoners, Disciplinary Litigation, Civil Procedure, Defenses, Injunctions, State Law Claims, Eleventh Amendment Immunity, Qualified Immunity
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
No Immunity for Forcing Disabled Prisoner to Work
Article • January 15, 1999 • from PLN January, 1999
Filed under: Disabled Prisoners, Work, Prison Labor, Inability to Work, Skeletal Injury, Qualified Immunity
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
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