$300,000 Settlement in Iowa Jail Detainee's Suicide by On March 21, 2003, the estate of David Price settled a lawsuit against the Black Hawk County jail in Iowa for $300,000. On December 17, 1997, Price hanged himself in his jail cell with a bed sheet. Price had been diagnosed as …
Prison Liable in Denying Bone Marrow Transplant by The court of appeals for the Eighth circuit held that prison officials can be held liable for promulgating policies that deny treatment to prisoners suffering from fatal illnesses, even when the prison has contracted out its medical care to a third party. …
Misdemeanor Conviction Can Be Treated as Felony Under USSG by The U.S. Eighth Circuit Court of Appeals has held that, under certain circumstances, a prior misdemeanor conviction can be treated as a felony conviction under the United States Sentencing Guidelines (USSG). Joe Couch was convicted in the U.S. District Court …
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Conspiracy to Retaliate Against Jailhouse Lawyer Claim Stated; Equal Protection Claim Stated for Lifer Discrimination by An Iowa Federal District Court held a prisoner at the Anamosa State Penitentiary pled claims of retaliation and denial of equal protection for his "lifer" status that are sufficient to defeat dismissal. The prisoner …
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Eighth Circuit Refuses to Stay Mandate in Doe v. Miller Pending Certiorari by Two years ago, a federal district court ruled that Iowa's draconian restrictions on where registered sex offenders could live were unconstitutional. Doe v. Miller, 298 F.Supp.2d 844 (S.D. Iowa 2004). [PLN, Dec. 2004, p. 28]. The Eighth …
Qualified Immunity for Mental Hospital Officials Holding Patient in Segregation by The plaintiff was found not guilty by reason of insanity of murdering and mutilating his girlfriend. He was ordered to be admitted to a hospital for evaluation, but he wasn't for a long time because officials deemed him dangerous …
Iowa Prisoners Settle Sexual Abuse Lawsuits For $160,000 by Iowa taxpayers and former state prison guard Kenneth Parrot will pay a combined total of $160,000 to three women whom Parrot sexually abused, according to the terms of a December, 2005 settlement agreement. One of the victims, Melissa Henderson, says the …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Federal Judge Strikes Down Iowa Prisons Faith-Based Rehabilitation Program by Michael Rigby Federal Judge Strikes Down Iowa Prisons Faith-Based Rehabilitation Program by Michael Rigby A federal judge in Iowa has ruled that the states partial funding of a Christian rehabilitation program is unconstitutional. In a 140-page opinion issued on June …
PLRA Exhaustion Requirement Inapplicable to Suit Filed When Plaintiff Not Incarcerated by The Eighth Circuit Court of Appeals has upheld an Iowa District Courts order denying a plaintiff in forma pauperis status, but reversed its order dismissing the 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. Proceeding …
Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical by Injury Required in First Amendment Cases In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison Litigation Reform Acts (PLRA) emotional injury bar on compensatory damages of 42 USC § 1997e(e) applies to First Amendment cases. The court …
Damages Denied To Bilingual Iowa Prisoner Prohibited From Writing Family In Spanish by by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals held that an Iowa prisoner was not entitled to damages when he challenged a policy requiring prisoners to correspond only in English because he had not …
Order Requiring Plan For Compliance With JJDPA Non-appealable by The United States Court of Appeals for the Eighth Circuit dismissed an appeal by Iowa state officials challenging a district court's order requiring officials to devise and submit for approval a plan for achieving compliance with the Juvenile Justice and Delinquency …
Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration by Iowa's Governor Grants Ex-Prisoners Automatic Voting Rights Restoration by Matthew T. Clarke On July 6, 2005, Governor Tom Vilsack of Iowa signed an Executive Order which enacted a blanket restoration of citizenship rights to ex-prisoners who have completed their sentences. This …
Eighth Circuit Reverses Summary Judgment Against Pretrial Detainee's Dental Claim by Robert Woodman by Robert H. Woodman The U.S. Eighth Circuit Court of Appeals reversed a grant of summary judgment by the U.S. District Court for the Southern District of Iowa in a complaint filed by a pretrial detainee alleging …
Federal Judge Strikes Down Iowa Prison's Faith-Based Rehabilitation Program by Michael Rigby A federal judge in Iowa has ruled that the state's partial funding of a Christian rehabilitation program is unconstitutional. In a 140-page opinion issued on June 2, 2006, U.S. District Judge Robert W. Pratt ordered the Iowa Department …
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Injunction Allows Legal Mail Between Iowa Prisoners by The U.S Court of Appeals for the 8th Circuit recently upheld a preliminary injunction enjoining Iowa prison officials from interfering with prisoner-to-prisoner legal mail. The U.S. District Court for the Southern District of Iowa imposed the injunction to ensure the prisoners' right …
