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Article • October 15, 1991 • from PLN October, 1991
Prisoner Allowed to Possess Petition by Prisoner Allowed To Possess Petition A New York state prisoner at Attica was infracted after prison guards found and confiscated a petition complaining of prison conditions in his cell. The prisoner was infracted for possessing the petition even though no prison rule or regulation …
Article • August 15, 1991 • from PLN August, 1991
Legal Mail May Not be Read by Legal Mail May Not Be Read A Florida prisoner filed suit under § 1983 after a letter from his attorney, addressed to him and marked "legal mail," was opened and read in his presence by a prison guard. The guard confiscated the letter …
Article • August 15, 1991 • from PLN August, 1991
Prisoners Must Be Fed by Alvin Cooper was a pre-trial detainee in Texas and filed a § 1983 suit claiming that jail guards were refusing to feed him. The officials did not deny the allegation but claimed Cooper wasn't fed because he refused to appear fully dressed at all meals. …
Article • July 15, 1991 • from PLN July, 1991
No Warrantless Search of Departing Visitor by No Warrantless Search Of Departing Visitor Prison officials strip-searched a prisoner's sister at the conclusion of a visit because of a suspicion that she was smuggling marijuana to him. Nothing was found. She brought suit under 42 U.S.C. section 1983. The defendant prison …
Prisoner Victims of Guard Assault Win Damages by Prisoner Victims Of Guard Assault Win Damages Ten prisoners in the D.C. jail learned they were being transferred to another facility. A number of the inmates passively resisted the transfer. They alleged that after the transfer, they were beaten by correctional officers. …
Article • May 15, 1991 • from PLN May, 1991
Exposure to Secondary Smoke Found Unlawful by Exposure To Secondary Smoke Found Unlawful The federal 9th Circuit Court of Appeals has ruled that exposing prisoners to ETS (Environmental Tobacco Smoke) violates the 8th amendments right for prisoners to be free from cruel and unusual punishment. The Court has decided that …
Article • March 15, 1991 • from PLN March, 1991
Disclosure of AIDS Condition Violates Right to Privacy by Disclosure Of AIDS Condition Violates Right To Privacy The federal district court in New Jersey ruled that disclosure of a person's medical condition, especially exposure to or infection with HIV (the virus suspected of causing AIDS), is disclosure of a "personal …
Article • February 15, 1991 • from PLN February, 1991
Texas Woman Wins $125,000 Settlement by A woman won a $125,000 settlement from the Texas Board of Pardons and Paroles that may set a precedent for more civil suits involving parole decisions. The woman was raped by a man who had been sentenced in 1977 to 123 years in prison …
Deliberate Indifference Demonstrated by Proof of prison administrators' "consistent pattern of reckless or negligent conduct" in providing prisoners with medical care is enough to establish the deliberate indifference to prisoners' serious medical needs necessary to make out an Eighth Amendment violation and hence to subject the officials to civil liability. …
Convict Entitled To Have Officer Called As Witness At Hearing, And To Have Independent Evaluation Of Informant's Allegations by Convict Entitled To Have Officer Called As Witness At Hearing, And To Have Independent Evaluation Of Informant's Allegations A prisoner at Sing Sing filed a federal civil rights suit challenging the …
Prisoner Wins Ban on Military Catalog by A prisoner filed a civil rights complaint alleging that his constitutional guarantees were violated by prison officials refusing to allow him to receive a military surplus catalog. The jury found in favor of the plaintiff on the catalog issue, awarding him $1 in …
Article • December 15, 1990 • from PLN December, 1990
State Liable for Delay in Diagnosing and Treating Prisoner Injury by State Liable For Delay In Diagnosing And Treating Prisoner Injury A New York state prisoner slipped on a wet flight of stairs and injured his right knee. During the next 3-1/2 years he continuously complained to prison officials of …
Article • November 15, 1990 • from PLN November, 1990
Digital Probe Costs Nevada $4,000 by A U.S. Court of Appeals, noting that a digital anal body cavity search is "humiliating, degrading and uncomfortable" and that more "narrow and restrictive means could have been used," held that the defendant Associate Warden of a Nevada prison must pay an award of …
Article • July 15, 1990 • from PLN July, 1990
Pleading Supervisory Liability by Prisoner seeking to sue prison officials in section 1983 Civil Rights actions must allege either personal involvement and/or supervisory liability by administrators in order to state a claim. "To hold supervisors liable under section 1983," the court said at page 645, "a plaintiff must show that …
County Fined $500,000 for Deliberate Indifference by County Fined $500,000 For Deliberate Indifference A federal appeals court upheld a damages award of $500,000 because of a physician assistant's deliberate indifference to an inmates serious medical needs. The county road camp prisoner in Florida injured his leg when he jumped off …
Article • July 15, 1990 • from PLN July, 1990
Civil Rights Suit For Damages Against State Prison Officials In Individual Capacities by Two prisoners filed a civil rights damage suite against state correctional officials, charging that they were denied due process because they were not given a timely hearing before being placed in segregation. The court noted that, under …
$241,000 Damages Upheld in Beating by $241,000 DAMAGES UPHELD IN BEATING A prisoner riot broke out when thirty prisoners forced their way into an area where they fought guards who were trying to remove a drunken prisoner. During the fight, one guard was fatally stabbed and several others wounded. When …
Brief • October 1, 1971
Bach v. Mitchell, DC, Complaint, Prison Misconduct, 1971 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHN M. BACH, FATHER PHILIP BERRIGAN S.S.J., JOHN THEODORE CLICK, THOMAS R. HOSMER, KEVIN B. JONES, DAVID MALAPIENT, prisoners presently incarcerated at the Federal Correctional Istitution at Danbury, Connecticut; JOHN HALLORAN, JOHN J. …
Publication
Filed under: Qualified Immunity
Qualified Immunity's Flawed Foundation ______ OZO IAW Benjamin N. Cardozo School of Law · Yeshiva University Jacob Burns Institute for Advanced Legal Studies Faculty Research Paper No. 686 Qualified Immunity’s Flawed Foundation 111 CAL. L. REV __ (forthcoming) Alexander A. Reinert Max Freund Professor of Litigation & Advocacy Director, Center …
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