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Truth Takes a Holiday in Virginia DOC Press Release

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

Filed under: DOC/BOP misconduct, Premises Liability, Access to Media, Protective Custody

Truth Takes a Holiday in Virginia DOC Press Release by Virginia state prisons chief Ron Angelone announced in July, 1997, that he would drop his blanket ban on reporters entering prisons for face-to-face interviews with prisoners, but said reporters would still not be allowed into 10 of Virginia's 52 state …

San Francisco City and County Jail Conditions Held Unconstitutional

Article • June 15, 1998 • from PLN June, 1998

Filed under: Conditions of Confinement, Totality of Conditions, Fire Hazards, Overcrowding, Ventilation, Exposure to Cold, Plumbing, Sewage, Water, Sanitation, Asbestos, Jail Specific, Lighting, Shelter, Noise, Attorney Client, Special Masters, Premises Liability, Attorney Visits

San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …

Jury Verdict Affirmed in Arkansas Prisoner Attack

Article • May 15, 1998 • from PLN May, 1998

Filed under: Conditions of Confinement, Failure to Protect (General), Premises Liability

Jury Verdict Affirmed in Arkansas Prisoner Attack by The court of appeals for the eighth circuit affirmed a jury verdict that found a prison guard liable for failing to protect two prisoners from attack by another prisoner. Arkansas state prisoners Lonell Newman and Hoseia Chestnut were both attacked by a …

Inadequate Prison Security Violates 8th Amendment

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

Filed under: Crime/Demographics, Prison/Jail Murders, Eighth Amendment, Staffing, Supervisory Liability, Premises Liability, Failure to Protect (Wrongful Death)

Inadequate Prison Security Violates 8th Amendment by Afederal district court in Puerto Rico held a prison security officer could be held liable for a prisoner's murder when he knew of inadequate staff supervision and non functioning cell locks, among other things, and did nothing to improve security. Angel Orta Fernandez, …

Texas Prison Building Corruption, Problems and Dangers

Article • June 15, 1997 • from PLN June, 1997

Filed under: Contractor Misconduct, DOC/BOP misconduct, Conditions of Confinement, Shelter, Premises Liability

Texas Prison Building Corruption, Problems and Dangers by Of the prisons built in Texas over the past four years, in about a third of them the boilers don't meet the state safety standards because of installation and design mistakes, resulting in state regulators issuing at least 146 waivers of Texas' …

Summary Judgment Notice Must Be Given by Court

Article • May 15, 1996 • from PLN May, 1996

Filed under: Medical, Injury -- Misc., Summary Judgment, Premises Liability

Summary Judgment Notice Must Be Given by Court by The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to …

Exposure to Fumes Violates 8th Amendment

Article • March 15, 1996 • from PLN March, 1996

Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Eighth Amendment, Physical Injury Rule, Qualified Immunity, Contractor Liability, Premises Liability

Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …

Fifth Circuit to Require Administrative Exhaustion

Article • February 15, 1996 • from PLN February, 1996

Filed under: Medical, Injury -- Misc., Damages, Administrative Exhaustion, Prisoner Property, Premises Liability

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 …

Texas Detainee Wins Damages for Ad Seg Placement

Article • December 15, 1995 • from PLN December, 1995

Filed under: Medical, Hernias, Failure to Protect (General), Attorney Fee Awards, Damages, Premises Liability, Ad-Seg Hearings

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 …

All Writs Act Limited

Article • October 15, 1995 • from PLN October, 1995

Filed under: Court Appearances, Discovery, Expert Witnesses, Witnesses, Federal Statutory Law, All Writs Act, Premises Liability

All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …

Excessive Force Jury Instructions Affirmed

Article • June 15, 1995 • from PLN June, 1995

Filed under: Guard Misconduct, Conditions of Confinement, Sanitation, Guard Brutality/Beatings, Jury Instructions, Premises Liability

Excessive Force Jury Instructions Affirmed by Robert Baker is a Missouri state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards swept garbage and water into his cell after which he fell and injured himself. While being taken to …

Jail Inmates Entitled to Safe Cells

Article • December 15, 1992 • from PLN December, 1992

Filed under: Municipal Liability, Premises Liability, Mental Health, Failure to Treat (Mental Illness), Suicides

Jail Inmates Entitled to Safe Cells by Jail Inmates Entitled To Safe Cells Two prisoners at the Birmingham, Alabama, jail committed suicide and their estates filed suit claiming violations of the detainees' eighth and fourteenth amendment rights. Both men hanged themselves with bed sheets hung from an iron bar across …

State Liable for Delay in Diagnosing and Treating Prisoner Injury

Article • December 15, 1990 • from PLN December, 1990

Filed under: Medical, Systemic Medical Neglect, Pain, Muscular, Premises Liability

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 …