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Seventh Circuit Discusses Sandin by In the August, 1995, issue of PLN we reported the supreme court's ruling in Sandin v. Conner , 115 S.Ct. 2293 (1995), which essentially gutted prisoners' right to due process in prison disciplinary hearings. Sandin opened up more questions than it purported to answer and …
Contract Physicians Entitled to Qualified Immunity by The court of appeals for the seventh circuit has held that physicians hired by a prison to provide medical care are entitled to qualified immunity when sued by prisoners. As more and more prison systems attempt to cut medical care costs by contracting …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Article • November 15, 1995 • from PLN November, 1995
Detainees Entitled to Hygiene Items by A district court in Illinois has held that pretrial detainees are entitled to clean linen and clothes on a regular basis as well as adequate ventilation, medical treatment and food. The court begins its ruling with a quote by Dr. Karl Menninger who described …
7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Supreme Court Rejects Govt Inter-Locutory Appeals in Civil Rights Suits by In a significant ruling the supreme court, in a unanimous opinion, has held that public officials who are sued cannot file inter-locutory appeals when a district court denies their motion for summary judgment based on the sufficiency of the …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
Diabetic Sues for Meals by Prisoners with medical conditions are entitled to special diets if needed to avoid illness. Robert Taylor is a diabetic and an Illinois state prisoner. His medical condition requires that he receive a special diet to insure that he receives the proper amount of sugars and …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Article • July 15, 1995 • from PLN July, 1995
Confinement Claim Barred by Res Judicata by The May, 1995, issue of PLN reported on Rooding v. Peters. 864 F. Supp. 732 (ND IL 1994) in which the court found unconstitutional an Illinois DOC policy which required prisoners to serve at least 60 days in an IDOC facility, even if …
Retaliatory Infraction States Claim by An Illinois district court has reaffirmed that prisoners retain a first amendment right to complain about prison conditions without fear of being subjected to retaliation by prison officials. Selma Geder, an Illinois state prisoner, filed numerous administrative grievances complaining about prison conditions. In retaliation for …
No Immunity for Cold Filthy Cell by Melvin Wilson is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming he was discharged from his prison job due to his race and when placed in segregation he was placed in a filthy, roach infested, leaking cell whose …
Article • May 15, 1995 • from PLN May, 1995
IL DOC Confinement Policy Illegal by The director of the Illinois DOC (IDOC) has promulgated a regulation under which all prisoners that it receives must be held for at least 60 days before they are released. Ronald Rooding was convicted and sentenced to one year in jail. After deducting good …
Court Clerk Suable by Don Curry is an Illinois state prisoner who was convicted of sexual assault in 1990. He filed a notice of appeal in the county court. Illinois law requires, upon receipt of a notice of appeal, that the circuit court clerk prepare and deliver a copy of …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • May 15, 1995 • from PLN May, 1995
Filed under: Visiting
IL Visiting Rules Create Liberty Interest by Prisoners have no constitutional right to visit, thus any such right which can be enforced in court must be created by the state. In the March, 1994, issue of we gave an ample discussion to visiting rights and privileges with numerous case citations. …
Article • February 15, 1995 • from PLN February, 1995
Exposure to Cold Illegal, Rectal Search Upheld by Ronald Del Raine is a long time PLN supporter and an even longer term prisoner at the US Penitentiary at Marion, Illinois. In 1984 Del Raine filed suit claiming that assorted guards and officials at Marion had violated his eighth amendment rights …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
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