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Complaint Need Not List Capacity Defendants Sued In by The court of appeals for the fourth circuit has held that plaintiffs suing under 42 U.S.C. § 1983 need not specifically plead in their complaint that the state officials are being sued in the individual rather than their official capacities. Instead, …
Article • May 15, 1996 • from PLN May, 1996
Litigants Must Be Given Writing Materials by The court of appeals for the seventh circuit has held that prisoners must be provided with writing materials in order to ensure their right of court access. Such claims are not dependent upon a showing that the underlying claim would have succeeded, only …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
Jailhouse Lawyers Retain Right to Assist Prisoners by The court of appeals for the ninth circuit has held that prison officials are not entitled to qualified immunity when they punish a jailhouse lawyer for assisting another prisoner. Terry Newell, an Alaska state prisoner, was employed as a prison law library …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
No Jurisdiction for Some Qualified Immunity Appeals by The court of appeals for the fourth circuit held that it lacked jurisdiction to hear an appeal by prison officials accused of being deliberately indifferent to the safety of a prisoner where they stood by while he was attacked and stabbed by …
Grievance Retaliation Unlawful by A federal district court in Michigan has held that it is unlawful for prison officials to retaliate against prisoners who complain of misconduct by guards and for prison officials to read legal mail sent to prisoners from the courts. Those claims were set for trial and …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
RFRA Applies to Retaliation Claims by A federal district court in Colorado has held that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) applies to prisoners' retaliation claims. John Hall, a Colorado state prisoner, filed suit under the RFRA and § 1983 claiming prison officials retaliated against him …
Article • March 15, 1996 • from PLN March, 1996
Pro Se Tips and Tactics (Individual and Official Capacity Suits) by John Midgley [Editor's Note : With this issue of PLN we would like to introduce a new feature that our readers should find useful. John Midgley is an attorney with the Institutional Legal Services Project of Columbia Legal Services …
Qualified Immunity for ADA Suit by The court of appeals for the fourth circuit ruled that Virginia prison officials were entitled to qualified immunity from an obese prisoner's suit filed under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The court went into extensive detail discussing the …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Guard's Rectal Search States Claim by Afederal district court in New York has ruled that use of a chokehold on an unresisting prisoner in order for guards, rather than medical personnel, to perform a digital rectal search states a claim to be resolved at trial. Narcissus Dellamore, a New York …
Article • March 15, 1996 • from PLN March, 1996
Law on Retaliation Clearly Established in 2nd Circuit by The court of appeals for the second circuit ruled that in 1990 the law in that circuit forbidding retaliation against prisoners who file grievances was clearly established and prison officials were not entitled to qualified immunity from money damages. The court …
No Specific Intent Required for 8th Amendment Claim by The ninth circuit has held that for prison guards to violate the eighth amendment's ban on excessive force they need only have an intent to cause harm and do not need an intent to harm a specific, individual prisoner. This right …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Private Prisons Get Qualified Immunity by As the number of privately run, for profit, prisons grows, so too will litigation involving them. There is little case law involving private prisons. In this case a federal district court held that employees of a prison (run by the Wackenhut Corporation) in Louisiana …
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