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Article • May 15, 2007
Fifth Circuit Denies Rehearing in Pugh v. Locke/Newman v. Alabama by The court of appeals for the Fifth Circuit denied en banc review of a class-action suit Alabama prisoners that challenged the conditions of confinement in Alabama state prisons. The ruling on the merits declaring the conditions unconstitutional and consolidated …
Texas Prison Officials Held in Contempt in Prison Conditions Case by A federal district court Texas held Texas prison officials in contempt for procrastinating in implementing court-ordered prison reforms. The district court held that prison officials had deliberately ignored the court's orders in the following areas of controversy: (1) the …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
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 …
Jail Conditions Case Remanded for Determination of "Available" Administrative Remedies by Jail Conditions Case Remanded for Determination of "Available" Administrative Remedies The U.S. Sixth Circuit Court of Appeals reversed a U.S. District Court in Kentucky for dismissing a prisoner's conditions claims without determining what administrative remedies were available. Samuel E. …
No Termination of Rikers Island Conditions Injunction by The court rules on cross-appeals from a decision on a termination motion focusing on environmental health and physical conditions issues. PLRA--Special Masters (43-49): The court monitor, the Office of Compliance Consultants (OCC), is not subject to the PLRA special master provisions because …
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 …
Dothan, AL Jail Conditions Unconstitutional by A federal district court held that conditions in the Houston county jail in Dothan, Alabama were unconstitutional. The court held the jail provided inadequate food, no exercise for the prisoners, was a fire hazard and overcrowded. The court awarded $10,000 in attorney fees to …
Article • May 15, 2007
OH Jail Injunction Affirmed by The court of appeals for the Sixth circuit affirmed an injunction and declaratory judgment finding conditions in the Lucas county jail in Ohio to be unconstitutional. The court held that federal court abstention was not appropriate and the ordering of relief which required the county …
Article • May 15, 2007
Lucas County, OH Jail Conditions Unconstitutional by A federal district court held that conditions of confinement in the Lucas County jail in Ohio were unconstitutional. Ruling and injunction were affirmed at Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972). See: Jones v. Metzger, 323 F. Supp. 93 (ND OH …
Article • May 15, 2007
IL Jail Conditions Suit States Claim by The en banc court of appeals for the Seventh circuit held that a federal prisoner had stated a claim upon which relief could be granted in a suit against the St. Clair County, Illinois sheriff and jailers. The plaintiff claimed he spent three …
AL Jail Injunction Affirmed by The court of appeals for the Fifth circuit affirmed a district court ruling and injunction that the Rouston County jail in Dothan, Alabama, was overcrowded, posed a health hazard to prisoners and did not have a classification system and did not segregate male and female …
Puerto Rican Prison System Unconstitutional by In two separate orders published as one case, a federal district court in Puerto Rico found the entire island's prison system to be unconstitutional and found prison officials to be "not credible." Overcrowding was 3-5 times rated capacity, with prisoners sleeping in closets, covering …
Puerto Rican Prisons' Attempt to Evade Injunction Denied by Court by A federal district court in Puerto Rico held that Puerto Rican prison officials were attempted to avoid complying with injunctive relief previously ordered by the court, see 497 F. Supp. 14 (D PR 1980) and 672 F. Supp. 591 …
Article • May 15, 2007
Puerto Rican Jail Ordered Closed by A federal district court in Puerto Rico ordered a jail closed within 20 days. The jail was a former military fort built in 1848 and was used as a county jail. The jail was a leaking fire trap with leaking plumbing and roofs, exposed …
Attorney Fee Award Increased in Conditions Case by The court of appeals for the Fourth circuit upheld a lower court's grant of attorney fees higher than the lawyer's normal rates due to the complexity of the case. The fee award in this class action conditions case in South Carolina totaled …
Overcrowding Must Cause Harm to Be Actionable by The court of appeals for the Sixth circuit largely reversed a district court's injunction over conditions at the Knox county jail in Knoxville, Tennessee, holding there must be a causal connection between overcrowding and bad conditions. The district court issued an injunction …
Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
Article • May 15, 2007
Attorney Fees Awarded in OK Jail Suit by The court of appeals for the Tenth circuit affirmed an attorney fee award of $144,930.43 to prisoners who successfully sued over conditions in the Tulsa, Oklahoma jail. Court held prisoners' counsel was entitled to a fee enhancement. See: Clayton v. Thurman, 775 …
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