Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
NSP Double Celling Order Vacated by The court of appeals for the eighth circuit held that a district court had to reconsider prisoners' double celling claims under the supreme court's ruling in Farmer v. Brennan, 114 S.Ct. 1970 (1994). This case arises from a class action suit filed by prisoners …
Women Prisoners Win Court Access Claim by Past issues of PLN have reported the class action suit filed by women prisoners in Nebraska concerning a wide range of prison conditions. See: Klinger v. Nebraska DOC, 824 F. Supp. 1374 (D NE 1993); 31 F.3d 727 (8th Cir. 1994) and 887 …
Women Prisoners Lose Discrimination Suit by Women Prisoners Lose Discrimination Suit In the December '94 issue of PLN we reported Klinger v. Nebraska DOC , 31 F.3d 727 (8th Cir. 1994) which had reversed an earlier ruling, at 824 F. Supp. 1374 (D NE 1993), PLN . Vol. 4, No. …
Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
No Immunity for Smoke Exposure by The Court of Appeals for the Eighth Circuit has affirmed a lower court ruling denying prison officials qualified immunity from money damages for exposing a prisoner to Environmental Tobacco Smoke (ETS). George Weaver, a Nebraska state prisoner, was placed in a cell with a …
IFP Dismissal Reversed by District courts reviewing a plaintiff's petition to proceed in forma pauperis (IFP) must first review the complaints and decide whether they are legally or factually frivolous before they can demand partial payment of the filing fees. Bonnie McCaslin, a Nebraska state prisoner, filed nineteen lawsuits simultaneously …
Helms Amendment Ruled On by In the December, 1994, issue of PLN we analyzed various provisions of the federal crime bill that was passed that year. One of the provisions was the Helms amendment which limited the relief that federal courts could grant in class action suits brought by prisoners …
No Immunity for Sweat Lodge Denial by Ralph Thomas is a Nebraska state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had violated his right to religious freedom by denying him daily access to the prisons sweat lodge for prayer. He claimed this denial also …
Women Prisoners Lose Equal Protection Suit by In the December, 1993, issue of PLN, we reported on Klinger v. Nebraska Department of Corrections, 824 F. Supp. 1374 (D Neb. 1993) which had resulted in a significant victory for Nebraska's female prisoners who had filed a class action suit claiming they …
RFRA Must Be Argued on Merits by Prisoners at the Nebraska State Penitentiary filed suit under the Religious Freedom Restoration Act (RFRA) 42 U.S.C. § 2000bb claiming that prison officials had violated their right to practice their religion. The prisoners are adherents to Asatru, an Icelandic term for the ancient …
Filthy Cell Standards Clarified by Two Nebraska jail prisoners, one convicted of a crime, one not yet convicted were moved into a jail cell containing a "toilet... covered with dried feces on both the inside and outside, the sink was covered with hair and vomit, the floor was covered with …
Gender Based Treatment Disparity Violates Equal Protection by Ed Mead If you are a woman and you break the law in Nebraska, and if you are required to serve a prison sentence, you will be sent to the Nebraska Center for Women (NCW). NCW is located in York, a small …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
Prisoner Entitled to Appointment of Substitute Counsel by Richard Rayes is a Nebraska state prisoner. Rayes filed suit under § 1983 claiming prison guards had slammed a steel door on his hand breaking a finger, that medical staff refused to treat him, and guards confiscated his finger splints on three …
Guards Need Not Disclose Identity Of HIV-Positive Cons by A prisoner in the medium security unit of a Nebraska state prison brought a federal civil rights lawsuit against the warden and other prison personnel, claiming that they subjected him to cruel and unusual punishment by: (1) conspiring to conceal the …
Counsel Should Be Appointed in Religious Suit by Counsel Should Be Appointed In Religious Suit A Muslim prisoner in Nebraska sought to send a $2.00 donation to a Mosque in Lincoln, which prison officials refused to permit him to do. The practice of Zakah, a form of charity, is one …
Female Guards Can Pat Search Male Prisoners by Prisoners at a Nebraska state all-male prison brought a civil rights lawsuit complaining that their constitutional right to privacy was violated by pat searches performed by female guards and by female guards observing them nude or partially nude while they showered, used …
NE Phone Contract PCS RFP 2008 ATTN: Todd Dlouhy/Ruth Gray Nebraska Department of Correctional Services State Purchasing Bureau 301 Centennial Mall South, Mall Level Lincoln, NE 68508 State of Nebraska Request for Proposal for Contractual Services Inmate Calling Services RFP No. 2505Z1 Request for Proposal for Inmate Calling Services Release …
