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Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld

Article • April 15, 2003 • from PLN April, 2003

Filed under: Sexual Assault, Staff-Prisoner Assault, Damages, Supervisory Liability

Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …

Iowa Guards Fired for Beating Prisoner

Article • March 15, 2003 • from PLN March, 2003

Filed under: Excessive Force, Guard Brutality/Beatings

Iowa Guards Fired for Beating Prisoner by Iowa Guards Fired For Beating Prisoner On July 24, 2002, Sheriff David Armack fired five guards, including a supervisor, at the Woodward County Jail in Sioux City, Iowa, in response to a June 10, 2002, videotaped beating of a prisoner. Stanley Munger, attorney …

No Jurisdiction for Interlocutory Appeal Over Medical Treatment

Article • July 15, 2002 • from PLN July, 2002

Filed under: Medical, HIV/AIDS, Hepatitis, Appeals, Qualified Immunity

No Jurisdiction for Interlocutory Appeal Over Medical Treatment by The Court of Appeals for the Eighth Circuit has held that it lacks jurisdiction to hear an interlocutory appeal filed by a prison doctor. Maurice Moore, an Iowa state prisoner, filed suit, under 42 U.S.C. § 1983, against a prison doctor …

Eighth Circuit Applies Turner Test to Control Unit Conditions Case

Article • January 15, 2002 • from PLN January, 2002

Filed under: Sanctions (Disciplinary Hearings), Exercise, Injunctions, Control Units/SHU/Solitary Confinement, Ad-Seg Hearings, Failure to Treat (Mental Illness)

Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …

Iowa Law Library Consent Decree Terminated Under PLRA

Article • January 15, 2002 • from PLN January, 2002

Filed under: PLRA, Consent Decrees (PLRA), Law Library Access/Adequacy

Iowa Law Library Consent Decree Terminated Under PLRA by A federal district court in Iowagranted prison officials' motion for termination of a consent decree requiring the maintenance of law libraries, pursuant to the Prison Litigation Reform Act, (PLRA). In 1973 Charles Martin, a prisoner of the Iowa State Penitentiary (ISP), …

Leave to Amend Complaint Wrongly Denied

Article • June 15, 2001 • from PLN June, 2001

Filed under: Retaliation for Litigating, Restraints, Court Access, Court Appearances, Complaints

Leave to Amend Complaint Wrongly Denied by In a brief ruling, the court of appeals for the Eighth circuit held that a district court erred in dismissing a prisoner's lawsuit without giving him leave to add a retaliation claim to the complaint. Jeffrey Williams, an Iowa state prisoner, was transferred …

PLRA Vacated Consent Decrees Can't Be Enforced in State Court

Article • May 15, 2001 • from PLN May, 2001

Filed under: Consent Decrees (PLRA), Civil Procedure, State Law Claims

PLRA Vacated Consent Decrees Can't Be Enforced in State Court by PLRA Vacated Consent Decrees Can't be Enforced in State Court The court of appeals for the Eighth circuit held that consent decrees terminated under the Prison Litigation Reform Act (PLRA) cannot be enforced as private contracts in state court. …

Iowa Segregation Suit Settled

Article • January 15, 2001 • from PLN January, 2001

Filed under: Hearing Officers, Sanctions (Disciplinary Hearings), Overcrowding, Eighth Amendment, Exercise, Injunctions (PLRA), Ad-Seg Hearings, Mental Health, Failure to Treat (Mental Illness)

Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …

Iowa Supreme Court Holds Liberty Interest in Good Time Law

Article • July 15, 2000 • from PLN July, 2000

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Good Time

Iowa Supreme Court Holds Liberty Interest in Good Time Law by The Iowa supreme court held that Iowa prisoners have a due process liberty interest in their good time credits, but do not have a private cause of action under Iowa tort law for their negligent loss. Federal courts previously …

Transfer Moots Wiccan's Claim

Article • May 15, 2000 • from PLN May, 2000

Filed under: Civil Procedure, Injunctions, Mootness, Declaratory Judgment, Religious Property

Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that …

Punitive Shackling Without a Hearing Okay

Article • December 15, 1999 • from PLN December, 1999

Filed under: Disciplinary Hearings, Liberty Interests, Food, Restraints

Punitive Shackling Without a Hearing Okay by The court of appeals for the Eighth Circuit held that it does not violate the Eighth or Fourteenth amendment to chain and shackle a prisoner in his cell for 24 hours without first providing for a hearing or an opportunity to be heard. …

Retaliation Verdict Remanded for Damages

Article • December 15, 1999 • from PLN December, 1999

Filed under: Retaliation, Retaliation for Filing Grievances, Damages, Administrative Exhaustion

Retaliation Verdict Remanded for Damages by The court of appeals for the Eighth circuit held that a district court abused its discretion when it only awarded nominal damages to a prisoner who won a grievance retaliation claim against a jail guard. The court also notes cases on damage awards for …

Iowa Ban on Tapes with Parental Warning Upheld

Article • August 15, 1999 • from PLN August, 1999

Filed under: Gang Policies, Prisoner Property, Mail, Tapes/Music (Mail), Censorship

Iowa Ban on Tapes with Parental Warning Upheld by Paul Wright By Paul Wight The court of appeals for the Eighth circuit held that an Iowa prison's ban on cassette tapes with parental advisory notices due to "explicit lyrics" was permissible. Michael Herlein, a former Iowa state prisoner, filed suit …

Iowa to Close Prison Law Libraries

Article • July 15, 1999 • from PLN July, 1999

Filed under: Public Defenders, Court Access, Law Library Access/Adequacy

Iowa to Close Prison Law Libraries by In February, 1999, Iowa Department of Corrections director W.L. "Kip" Kautzky announced that within the next two years all prison law libraries in Iowa would be phased out. Kautzy claimed that the state of Iowa currently spends $500,000 a year to maintain its …

Medical Restraint Requires Doctor's Supervision

Article • November 15, 1998 • from PLN November, 1998

Filed under: Restraints, Qualified Immunity, Supervisory Liability, Mental Health, Failure to Treat (Mental Illness)

Medical Restraint Requires Doctor's Supervision by The Eighth Circuit has held that the law was clearly established in 1988 requiring specific approval from a doctor when a prisoner is placed in segregation and restraints for psychiatric treatment purposes. Eddie Buckley, an Iowa state prisoner, sued alleging that he was routinely …

PLRA Three Strikes Ruling Vacated

Article • July 15, 1998 • from PLN July, 1998

Filed under: Filing Fees (PLRA), Frivolous Litigation (PLRA), Civil Procedure, Standing

PLRA Three Strikes Ruling Vacated by In the February, 1997, issue of PLN we reported Lyon v. Vandekrol , 940 F. Supp. 1433 (SD IA 1996) where a federal district court held that 28 U.S.C. § 1915(g), section 804 of the PLRA, violates the equal protection clause of the U.S. …

Damage Award and Attorney Fees in Censorship Suit Affirmed

Article • April 15, 1998 • from PLN April, 1998

Filed under: Racial Discrimination, PLRA, Attorney Fees (PLRA), Damages, Publications/Books, Mail Regulations

Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …

PLRA Termination Provisions Constitutional

Article • April 15, 1998 • from PLN April, 1998

Filed under: Conditions of Confinement, Totality of Conditions, Consent Decrees (PLRA)

PLRA Termination Provisions Constitutional by The court of appeals for the eighth circuit held that the "immediate termination" provisions of the Prison Litigation Reform Act (PLRA) does not violate the separation of powers doctrine, the due process clause, or equal protection. A contrary finding by an Iowa district court was …

Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned

Article • February 15, 1998 • from PLN February, 1998

Filed under: Transfers, Prisoner Legal Assistance, Legal Materials, Civil Procedure, Injunctions, Standing, Mail Regulations, Legal Mail

Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …

Iowa Prison Nurse Liable in Birthing

Article • February 15, 1998 • from PLN February, 1998

Filed under: Gender Discrimination -- Women, OB/GYN, Civil Procedure, Damages, Expert Witnesses

Iowa Prison Nurse Liable in Birthing by The court of appeals for the eighth circuit held a prison nurse was properly found liable for ignoring a prisoner's complaint that she was in labor. The appeals court affirmed an award of $1,000 in compensatory damages but vacated an award of $3,500 …