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Risk of Serious Harm States Claim by A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
Article • July 15, 1998 • from PLN July, 1998
Truth Takes a Holiday in Virginia DOC Press Release by Virginia state prisons chief Ron Angelone announced in July, 1997, that he would drop his blanket ban on reporters entering prisons for face-to-face interviews with prisoners, but said reporters would still not be allowed into 10 of Virginia's 52 state …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
Article • June 15, 1998 • from PLN June, 1998
Trial Required in Religious Diet Claim by Afederal district court in California held that disputed facts required a trial to determine if a segregated Muslim prisoner's religious rights were violated when he was denied a special diet during Ramadan. Roderick Washington, a California state prisoner, filed suit claiming he was …
New Jersey Mental Health Class Action Gains Momentum by Steve Vaccaro Afederal district court in New Jersey has upheld the claims of a statewide class of mentally ill prisoners against defendants' motions to dismiss and for summary judgment. The defendants are: officials of the New Jersey Department of Corrections; Correctional …
Law on Strip Searches of Prison Visitors Clearly Established by The court of appeals for the second circuit held that the reasonable suspicion standard for strip searches of prison visitors is clearly established. However, the court decided that the defendants were entitled to qualified immunity based upon the facts. This …
Jury Verdict Affirmed in Arkansas Prisoner Attack by The court of appeals for the eighth circuit affirmed a jury verdict that found a prison guard liable for failing to protect two prisoners from attack by another prisoner. Arkansas state prisoners Lonell Newman and Hoseia Chestnut were both attacked by a …
Fact Dispute Bars Qualified Immunity Appeal by The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued …
Article • May 15, 1998 • from PLN May, 1998
Delay of Dental Service Violates 8th Amendment by The court of appeals for the eighth circuit held that a district court erred when it dismissed a prisoner's suit over delays in dental care. The appeals court also held that untimely service of the suit by the marshalls service was not …
Article • May 15, 1998 • from PLN May, 1998
Deliberate Indifference Applies to Detainees by The court of appeals for the tenth circuit held that county jail officials have a constitutional duty to protect the health and wellbeing of prisoners in their custody. The appropriate standard of liability under these circumstances is deliberate indifference, not objective reasonableness. Under the …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
Article • April 15, 1998 • from PLN April, 1998
No Immunity for Smoke Exposure by The court of appeals for the fifth circuit held that prison officials were not entitled to qualified immunity for exposing a prisoner to Environmental Tobacco Smoke (ETS, AKA second hand smoke). Raymond Rochon, a Louisiana state prisoner, filed suit claiming various prison, state and …
No Immunity in Jail Suicide for Medical Contractor by Afederal district court in Florida held that genuine issues of fact existed as to whether a jail psychologist and the private corporation that employed him had acted with deliberate indifference to a pretrial detainee's health needs, obviating summary judgment on the …
No Immunity for Hearing Officer's Failure to Examine CI Credibility by Afederal district court in New York held that prison officials violated a prisoner's due process rights by failing to independently examine the credibility of confidential informants. The court held these rights were well established, therefore the defendants were not …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
$225,000 Jury Award in CDC Shooting Affirmed by The court of appeals for the ninth circuit affirmed a jury award of $225,000 to a prisoner shot by guards, who then received inadequate medical care. The court rejected the defendants' argument that the eleventh amendment barred the damage award. Todd Ashker, …
Health Care Contractor Subject to Monell Liability by The court of appeals for the eleventh circuit held that private companies performing traditional government functions are liable under 42 U.S.C. § 1983 but enjoy the protection of Monell v. Dept. Of Social Services of New York , 436 U.S. 658, 98 …
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