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Grievances Exhausted When Prison Officials Fail to Respond by The Seventh Circuit Court of Appeals held that when prison officials fail to respond to administrative remedies, those remedies are rendered "unavailable" and deemed exhausted under the Prison Litigation Reform Act (PLRA). The court also held that prison officials were not …
Summary Judgment Reversed on Fact Issues of Guards' Failure to Protect Prisoner by Bob Williams The Seventh Circuit court of appeals has reversed summary judgment where issues of material fact remain concerning guards' deliberate indifference to a prisoner's safety in a failure to protect case. Bryan Case, an Illinois state …
Jury Awards $700,000 to Chicago Jail Worker for Sexual Harassment by On July 2, 2003, a federal jury in Chicago, Illinois, awarded $700,000 in damages to a female employee of the Chicago jail in Illinois who was sexually harassed and assaulted by a male co-worker. Kathleen Kessel, 35, and Beverly …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Pretrial Cold Cell Violates Fourteenth Amendment by Ronald Young A federal district court in Illinois held that a pretrial detainee's alleged exposure to low temperature in a detention cell, while naked and with no alternative means of protecting himself from the cold, supported a claim of inadequate shelter against county …
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies by In two separate rulings, the Seventh Circuit Court of Appeals has held that prisoners must exhaust administrative remedies before filing suit, regardless of the relief sought and no matter how ineffectual the prison grievance system may be. Eduardo Perez, a Wisconsin …
Brief • March 27, 2000
Filed under: Money/Property
Millender v. US, IL, Complaint, Negligent Property Loss Stolen, 2000
Brief • March 21, 2000
Almodovar v. Snyder, IL, Complaint, Ad Seg Hearings Gang Renunciation, 2000 IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS JOHNNY ALMODOVAR, HERNANDEZ BAILEY-EL, PABLO BARRARA, ISIAH BELL, ARYULES BIVENS, NED BROOKS, CORNELIUS BURNS, ROOSEVELT BURRELL, GARY CLARK, SHAWN COATES, MAURICE COLEMAN, KENNARD COMBS, RICHARD FLOOD, LARRY …
Class Certification Appeals Must Be Timely by The Court of Appeals for the Seventh Circuit held that parties seeking to immediately appeal decisions to grant or deny class certification must do so within the ten days prescribed by Federal Rules of Appellate Procedure (FRAP) 23(f). Women prisoners in the Cook …
Article • February 7, 2000
$1.8 Million Award in Illinois Federal Prisoner’s Suicide by An Illinois federal district court awarded $1.8 million to the estate of a pretrial detainee who committed suicide at the Chicago Metropolitan Correctional Center (MCC). The evidence before The Court showed that Bob Johnson was incarcerated from December 1, 19992, until …
Article • January 15, 2000 • from PLN January, 2000
State Police Investigate Illinois Prison Industry by According to a highly critical report by the Illinois Auditor General's office released April 21, 1999, a tire recycling industry at the Downstate Lincoln Corr. Center provided up to $325,000 in free recycling services to private businesses over a 2-year period. It is …
Illinois Prison Home to Illegal Tire Dump by What do you do with 17,000 tons of scrap truck tire casings? The administration of Illinois's Logan Correctional Center has to figure that one out, says the Illinois Environmental Protection Agency and the Lincoln Fire Department. The veritable mountain of tire casings, …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
Prison Officials Waive Untimely Asserted Heck Defense by The Seventh Circuit court of appeals has held that prison officials' untimely assertion of the Heck defense waived the defense. Richard Carr, a middle-aged minimum- security Illinois prisoner was 96 days from release in 1989 when young gang members on his unit …
Article • September 15, 1999 • from PLN September, 1999
Lack of Standing Eviscerates Court Access Class Action by The U.S. court of appeals of the Seventh Circuit held that the two nominal prisoner/plaintiffs in a long-running class action lacked standing to assert a denial of their right of access-to-the-courts. Without standing, the district court was without jurisdiction, and the …
Article • September 15, 1999 • from PLN September, 1999
Physical Injury Requirement Doesn't Apply to Court Access Claims by A federal district court in Illinois held that 42 U.S.C. § 1997e(e), which conditions prisoners' right to file suit in federal court on the suffering of physical injury, does not apply to court access claims. The court held that it …
Article • August 15, 1999 • from PLN August, 1999
Contaminated Water Claim Not Barred by PLRA Physical Injury Rule by The court of appeals for the Seventh circuit held that a prisoner's lawsuit over a prison's lead contaminated water was wrongfully dismissed under the Prison Litigation Reform Act's (PLRA) physical injury requirement. Floyd Robinson, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
Seventh Circuit Clarifies Good Faith Appeal Standard, Again by In its third ruling on the topic in recent months, the court of appeals for the Seventh circuit attempted to delineate what constitutes a "good faith" appeal under the Prison Litigation Reform Act (PLRA). Aaron Hyche, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
No Liberty Interest in Illinois Parole Laws by The court of appeals for the Seventh circuit held that Illinois prisoners have no liberty interest in parole. In doing so, the court overruled a prior ruling that had held otherwise. Two Illinois state prisoners filed a habeas corpus petition in federal …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates by Suit Filed in Illinois On May 5, 1999, a class action suit was filed by Illinois consumers who receive collect calls from Illinois state and county jail prisoners alleging that they are forced to pay exorbitant phone rates as …
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