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Mississippi Detainees Awarded Damages in Disciplinary Suit by A federal district court in Mississippi held that the due process rights of two pre trial detainees were violated when they were placed in disciplinary segregation without a hearing. The court awarded each detainee $600 in damages. The court also taxed litigation …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Illinois DOC Phone System Upheld by A federal district court in Illinois held that the phone system used in the Illinois DOC does not violate the first amendment. Four Illinois state prisoners at the Western Illinois Correctional Center (WICC) filed suit against several prison officials and AT&T claiming the prison …
Article • May 15, 1997 • from PLN May, 1997
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict against prison official defendants finding that they were deliberately indifferent to a prisoner's safety by leaving him in a cell with a mentally ill prisoner who later tried …
Qualified Immunity for Infraction Suit by The court of appeals for the eighth circuit held that a district court erred when it found prison officials liable and awarded a prisoner damages after the court found no evidence supported a disciplinary committee's finding of guilt. The court also held that prisoners …
Consent Decrees Create Enforceable Right by A federal district court in South Carolina held that a consent decree created an enforceable due process right and a prisoner's § 1983 claim for violation of the consent decree was not barred by Sandin v. Conner, 115 S.Ct. 2293 (1995). As court's explore …
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
Inadequate Jail Staffing Violates Due Process by The court of appeals for the fifth circuit held that a jail staffing practice that allowed a lone male guard to oversee female detainees could be held to violate due process after a woman detainee was raped by a guard. The court held …
Article • April 15, 1997 • from PLN April, 1997
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Reach Out and Bilk Someone by Florida DOC officials were found in 1995 to have fraudulently awarded a contract to North American Intelicom (NAI) to provide "inmate telephone services" to 35 Florida state prisons. Rival communications company MCI filed a protest because they were not awarded the contract, even though …
Article • March 15, 1997 • from PLN March, 1997
No Immunity for Kidney Transplant Denial by The court of appeals for the ninth circuit held it lacked jurisdiction to hear prison doctors' interlocutory appeal that they were entitled to qualified immunity for denying a prisoner on dialysis a kidney transplant. Raymond Jackson, a California state prisoner, filed suit claiming …
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Private Prison Liable for Wrongful Imprisonment by A federal district court in Florida held that a private corporation which ran a county jail under contract was liable for a detainee's wrongful imprisonment. Thomas Blumel was arrested without a warrant after being accused of violating a restraining order. Blumel was then …
ADA Requires Phones for Deaf by A federal district court in Michigan held that the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 and the Rehabilitation Act of 1973, 29 U.S.C. § 794, requires state prison officials to provide prisoners and the people they call with Telecommunications Device for the …
No Qualified Immunity for Private Prisons; Supreme Court Grants Review by The court of appeals for the sixth circuit held that guards employed by private, for profit prisons are not entitled to qualified immunity from suit. This is the first circuit court ruling to squarely address whether private prisons are …
No Immunity for Failure to Protect Prisoner from Violence by The court of appeals for the eighth circuit held that prisoners have a clearly established right to be protected from violence by other prisoners. The court also gave a detailed discussion of appellate jurisdiction in reviewing interlocutory appeals by prison …
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