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Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Fifth Circuit to Require Administrative Exhaustion by In two separate rulings the fifth circuit affirmed dismissal of prisoners' section 1983 suits for failure to exhaust administrative remedies (i.e. the prison grievance procedure). In doing so, the court significantly expanded previous supreme court rulings that had held such exhaustion could only …
Article • February 15, 1996 • from PLN February, 1996
No Jurisdiction for Some Appeals by The court of appeals for the eighth circuit has held that it lacks jurisdiction to hear appeals on issues not decided on the merits in the district court. Marlon Robinson, a Missouri state prisoner, filed suit claiming prison officials were deliberate indifferent to his …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
No Immunity for AIDS RA Claim by Afederal district court in New York has held that a state agency, the DOCS, did not enjoy immunity from suit under 29 U.S.C. § 794, the Rehabilitation Act (RA). Edward Timmons, a New York state prisoner, was wrongly diagnosed as having AIDS in …
Sexual Extortion Violates Eighth Amendment by Afederal court in the District of Columbia held that a prisoner who was extorted for sex by a prison guard and labeled a snitch as a result states a claim for an eighth amendment violation and qualified immunity is not appropriate. Gregory Thomas is …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
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 …
RFRA Analyzed and Applied in 10th Circuit by The court of appeals for the tenth circuit has issued its first ruling analyzing the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, holding that it may well require prison officials to provide Native American prisoners with sweat lodge facilities. Robert …
Open Prison Barracks Unsafe by In the past fifteen years of massive prison expansion many prison systems have opted to build open dormitory type prison barracks because they are substantially cheaper to build than conventional cell blocks. There are inherent shortcomings in this type of prison design. The Connecticut DOC …
Job Discrimination States Claim by While prisoners have no right to a job or work assignment they may not be discriminated against on the basis of their race. Lawrence Quinn, a white Pennsylvania state prisoner, applied for the position of clerk in a prison shoe plant. The plant foreman told …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Jail Detainee Entitled to Law Library Access by A district court in Texas has held that jail prisoners have a right to law library access in order to defend against lawsuits in which they are the defendant, the court also held that a "bookmobile" system of allowing prisoners to check …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Prisoners Entitled to Safe Jail by The eleventh circuit court of appeals has reaffirmed that county officials can be held liable for failing to protect jail detainees from violence by other detainees. In 1990 Larry Hale was held in the Tallapoosa County Jail in Alabama after failing to appear in …
Qualified Immunity for Hearing Officers by The second circuit court of appeals has reaffirmed that prison disciplinary hearing officers are only entitled to qualified immunity, not absolute immunity from suit. As part of a pilot project the New York Department of Corrections in 1986 instituted the Inmate Hearing Officer program …
Medical Evidence Required to Win Delay Claim by The court of appeals for the eighth circuit has held that in order to prevail on an eighth amendment deliberate indifference to serious medical needs claim, the prisoner plaintiff must submit verifying medical evidence at the summary judgment stage. Larry Beyerbach, a …
Article • October 15, 1995 • from PLN October, 1995
Delay in Dental Care States Claim by The eighth circuit court of appeals has reaffirmed the long-standing principle that delaying dental care for prisoners violates the eighth amendment. Ronald Boyd, a Missouri state prisoner, began suffering pain to his jaw on June 1, 1991. He requested to see a dentist. …
Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
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