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Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Retaliatory Infraction Creates Heck Exception by The Court of Appeals for the Seventh Circuit held a prisoner may bring a 42 U.S.C. §1983 action upon a claim of retaliatory disciplinary action even when the underlying disciplinary action has not been overturned. Illinois prisoner Anthony Dewalt sued various officials at Dixon …
$9.6 Million Awarded for Child Death in Illinois Jail by On October 19, 2000 a Cook County jury in Chicago, Illinois awarded $9.6 million to the estate of Joyce Hughes, who died from injuries she sustained after she was born in a cell in the Cook County Jail near Chicago …
No Qualified Immunity for Illinois Visitor Strip Searches by The court of appeals for the Seventh circuit held that Illinois prison officials were not entitled to qualified immunity from money damages for strip-searching prison visitors in the absence of any individualized suspicion that they were carrying contraband. Between 1995 and …
$57,000 Awarded in Illinois Prison Beating by Lonnie Burton In 1999 an Illinois state prisoner was awarded nearly $57,000 in damages and fees following trial on his charges that fellow prisoners beat him while a guard stood and watched. Ronnie W. Carroll filed suit in the United States District Court …
Cook County Deputies Charged in Beating Death by Three Cook County (Chicago, IL.) deputies were charged with murder for allegedly beating a prisoner in a courthouse holding cell May 5, 2000. The prisoner died two days later from injuries sustained in the beating. Louis Schmude, 40, was awaiting a court …
Article • February 15, 2001 • from PLN February, 2001
Filed under: Telephones, Telephone Rates
IL Prison Phone Ruling Published by In the June 2000, issue of PLN we reported that a federal district court in Illinois had dismissed a class action lawsuit challenging the phone rates charged to consumers who accept phone calls from prisoners in Illinois prisons and jails. The court's ruling is …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Article • January 15, 2001 • from PLN January, 2001
Eleventh Amendment Immunity for Illinois Sheriff Denied by Denial of a county Sheriff's motion for dismissal of an arrestee's civil rights suit was affirmed when the Seventh Circuit upheld a district court's ruling that an Illinois Sheriff is a county officer and Eleventh Amendment immunity did not apply. Mario DeGenova …
Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment by Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment A federal district court in Illinois has dismissed a private construction contractor from a suit alleging a prisoner was injured in a fire after the contractor's employees …
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
Medical Claims Against CMS to be Refiled in State Court by By Matthew T. Clarke A federal district court in Illinois has dismissed the breach of medical care duty suit of a suicide prisoner's estate against Correctional Medical Services of Illinois (CMS), but encouraged the refilling of the suit in …
Article • November 15, 2000 • from PLN November, 2000
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Brief • September 23, 2000
Filed under: Hepatitis, Failure to Treat
Sheptin v. US, IL, Complaint, BOP Hepatitis C Medical Suit, 2000
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
Article • August 15, 2000 • from PLN August, 2000
$2 Million Awarded in IL Medical Neglect Suit by On February 2, 2000, a federal jury in Illinois awarded $2 million in damages to a prisoner blinded through medical neglect by prison officials. The damage award is believed to be the highest in a prisoner civil rights case in Illinois. …
Article • June 15, 2000 • from PLN June, 2000
Filed under: Telephones, Telephone Rates
Illinois Phone Suit Dismissed by In the August, 1999, issue of PLN we reported that a class action suit had been filed in federal court in Illinois challenging the extortionate phone rates charged to those who accept collect calls from prisoners. On March 23, 2000, federal district court judge William …
Illinois Jail Guards Charged with Smuggling Gun by Illinois Jail Guards Charged With Smuggling Gun Two former Kankakee (Illinois) County Jail guards and a civilian face multiple felony counts in connection with a dramatic December 22, 1999 jailbreak. Newly-hired guards Melody Burdunice and Michael Cutler allegedly smuggled cellular telephone batteries …
Article • May 15, 2000 • from PLN May, 2000
Illinois Governor Announces Death Penalty Moratorium by Citing a "shameful record of convicting innocent people and putting them on death row", Illinois governor George Ryan announced a halt to state executions. The January 31 announcement marked the first such moratorium in the U.S. The Nebraska Legislature passed a moratorium on …
Absent Plain Error, Objection Necessary to Preserve Issues by The appeals court for the Seventh circuit held that if a pretrial ruling is definitive, objection at trial is not necessary to preserve the issue for appellate review. The court also held that objection to a guard's counsel's references to pretrial …
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