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Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Article • May 15, 2007
Atlanta Jail Conditions Unconstitutional by A federal district court in Georgia approved a consent decree against the Fulton county jail in Atlanta, GA, due to inhumane conditions. Court held that medical care was substandard, detainees were exposed to communicable diseases. Due to vermin infestation there was no clean place to …
Double Celling Unconstitutional by The court of appeals for the Third circuit affirmed a district court's order, at 719 F. Supp. 126 (WD PA 1989), which held that double celling in Pennsylvania prisons violated the Eighth amendment under a "totality of conditions" analysis. The overall prison conditions consisted of dilapidated, …
Article • May 15, 2007
Sleeping in Raw Sewage States Claim by The court of appeals for the Fifth circuit held, for the second time in this same case, that a Louisiana state prisoner had stated a claim under the Eighth amendment when he was forced to sleep in raw sewage. The appeals court reversed …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Article • May 15, 2007
Prisoner's Suit Over Unsanitary Meals States Claims by The U.S. District Court for the Northern District of Illinois held that a prisoner's claims under 42 U.S.C. §1983 and state law were sufficient to withstand a motion to dismiss. Nartin Drake, a prisoner at the Cook County Jail, brought actions under …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
Delousing Shampoo Process Upheld by A Johnson County, Indiana, jail policy requiring incoming inmates to use a delousing shampoo did not violate their due process right to be free from unwanted medical treatment. The court assumes without deciding that use of the shampoo constitutes medical treatment and says that the …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
Article • May 15, 2007
$4,226 Awarded in Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a cell …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Article • May 15, 2007
Florida Jail Detainee Entitled to Clean Cell, Medical Diet by A Florida Federal District Court held a pretrial detainee at the Monroe County Jail stated claims for unconstitutional conditions and medical treatment in his 42 U.S.C. § 1983 action. The matter was before the court after the magistrate judge recommended …
Careless Removal of Lead-Based Paint from Texas Prison States a Claim by The Texas 14th Court of Appeals at Houston reversed a trial court's dismissal of a prisoner's lawsuit which claimed injuries consequent to the careless removal of lead-based paint from an aging Texas state prison. Early in 2000, Howard …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
Environmental, Sanitary Problems Violate Due Process by The U.S. District Court for the Southern District of New York held that certain jail conditions violated pretrial detainee's due process rights. Pursuant to the Prison Litigation Reform Act (PLRA), the New York City Department of Corrections petitioned for immediate termination of consent …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Sex Offender's Suit Over Conditions and Attack Dismissed by The plaintiff, known as a sex offender, was assaulted by other prisoners and was provided inadequate medical care. His medical claim fails because he sued the wrong people, and his inmate assault claim fails because the relevant events were time-barred. Also, …
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