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$135,000 Award in Beating Affirmed, Municipal Liability Reversed by The court of appeals for the District of Columbia circuit affirmed the award of $135,000 in damages to a prisoner beaten by prison guards, but it reversed an attorney fee award premised upon municipal liability. Robert Triplett, a D.C. prisoner, had …
Trial Required in Retaliation Claim by A federal district court in New York held prison officials were not entitled to qualified immunity in a prisoner's lawsuit claiming he was retaliated against for suing them and that a trial was required to resolve the claims. Nathan Brown, a New York state …
Article • December 15, 1997 • from PLN December, 1997
Montana Prisoners Have Liberty Interest in Classification Hearings by Danny Arledge By Danny Arledge The Montana state supreme court held that state law creates a liberty interest for prisoners accused of misconduct in prison classification hearings. Daniel Orozco, a prisoner at the Montana State Prison, was accused of conspiring to …
Qualified Immunity in Failure to Protect Claim by James Quigley By James Quigley The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
Article • December 15, 1997 • from PLN December, 1997
WA Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Counselor Liable in Failure to Protect Claim by A federal district court in Illinois held a prison counselor could be found liable for denying a prison snitch protective custody when the informant was later attacked by his many enemies. Hubert Hill is an Illinois state prisoner who has informed on …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • November 15, 1997 • from PLN November, 1997
Washington Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Arizona DOC Contempt Fines Affirmed by In the July, 1996, issue of PLN we reported Hook v. Arizona, 907 F. Supp. 1326 (D AZ 1996) where the court held Arizona DOC officials In contempt for refusing to pay the fees for special masters appointed by the court to oversee implementation …
Article • October 15, 1997 • from PLN October, 1997
No Qualified Immunity for Denial of Exercise by A federal district court in Illinois held that prison officials were not entitled to qualified immunity from money damages for denying segregation prisoners all opportunity for out of cell exercise for one year. McNeal Watts, an Illinois state prisoner, was placed in …
Fifth Circuit Reverses Scott by The court of appeals for the fifth circuit, sitting en banc, reversed its prior holding in Scott v. Moore, 85 F.3d 230 (5th Cir. 1996) [PLN, June, 1997] that inadequate jail staffing violated the due process rights of a woman detainee who was repeatedly raped …
Seventh Circuit Applies ADA to Prisoners by The court of appeals for the seventh circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, explicitly apply to state prisoners. Anyone litigating an ADA or RA claim will find …
Same Sex Harassment of Prisoner Workers Okayed by The court of appeals for the ninth circuit held that male prisoners have no clearly established right to be free from sexual harassment by male work supervisors. Herman Blueford, a California state prisoner, filed suit claiming his eighth amendment rights were violated …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Article • September 15, 1997 • from PLN September, 1997
Pepper Spray too Dangerous for DOC Training? by In September of 1996, Paul M. Sullivan, health compliance officer for the North Carolina Department of Labor sent a letter to Mr. Franklin Freeman of the North Carolina Department of Correction (DOC). An alert reader obtained a copy of this letter and …
ADA Applies to State Prisons by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state prisons and the California Department of Corrections (CDC) must comply with their respective provisions. …
U.S. Supreme Court: No Immunity for Private Prisons by Paul Wright The U.S. supreme court, in a five to four ruling, held that employees of privately owned and operated prisons are not entitled to qualified immunity from suit. In the January, 1997, issue of PLN we reported McKnight v. Rees, …
Court Reduces Jury Award in Beating Suit by A federal district court in New York entered a jury verdict awarding compensatory and punitive damages to a prisoner beaten and tranquilized by guards, it then reduced the punitive damage award. Donovan Blissett, a New York state prisoner, filed suit claiming his …
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