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Prisoners Entitled to Safe Jail by The eleventh circuit court of appeals has reaffirmed that county officials can be held liable for failing to protect jail detainees from violence by other detainees. In 1990 Larry Hale was held in the Tallapoosa County Jail in Alabama after failing to appear in …
Medical Evidence Required to Win Delay Claim by The court of appeals for the eighth circuit has held that in order to prevail on an eighth amendment deliberate indifference to serious medical needs claim, the prisoner plaintiff must submit verifying medical evidence at the summary judgment stage. Larry Beyerbach, a …
7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
Martinez Hearing Reversed by The tenth circuit has approved a process whereby district courts conduct hearings to develop the record and determine whether there is any legal or factual basis to claims brought by pro se prisoner litigants. See: Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). In this …
Retaliatory Threats Illegal by Leon Burgess is a Missouri state prisoner. Burgess disrupted a prison disciplinary hearing and guards responded by holding him down, while he was handcuffed, as another guard tried to force a towel into his mouth. When that failed the guard wrapped the towel around Burgess neck …
Court Clerk Suable by Don Curry is an Illinois state prisoner who was convicted of sexual assault in 1990. He filed a notice of appeal in the county court. Illinois law requires, upon receipt of a notice of appeal, that the circuit court clerk prepare and deliver a copy of …
Disputed Disciplinary Facts Require Reversal by Michael Mays is a New York state prisoner who was infracted for allegedly refusing to return to his cell when a guard ordered him to do so. After a disciplinary hearing Mays was found "guilty" and sentenced to segregation, loss of good time and …
WA Punishment for Use of Religious Name Illegal by Dawud Halisi Malik By Dawud Halisi Malik On January 5, 1978, the superior court of the county of Walla Walla accepted my petition for name change as I had adopted Al-Islam as my religion. On May 8, 1990, I arrived at …
English Only Rule for Prayer Illegal by DeMont Conner is a Hawaii state prisoner. He filed suit under section 1983 claiming prison officials had violated his due process rights by punishing him for praying in Arabic with another prisoner and that the disciplinary hearing itself did not comport with due …
Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
Prisoner's Assault Claim Must Go to Trial by Prisoner's Assault Claim Must Go To Trial William Moore is a prisoner at the Southern Ohio Correctional Facility (SOCF) in Lucasville. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards came to …
Elements of Jail RICO Suit Explained by Billy Joe Ashe is a Montgomery County, Texas, prisoner. He filed suit claiming that in retaliation for filing suit against members of the Sheriff's Department he and his co-plaintiff, and their prisoner witnesses, were subjected to a frightening pattern of physical violence and …
Judge Cannot Make Credibility Findings by Roland Pettengill is an Arkansas state prisoner. While in segregation he went to yard. Before entering the yard he alerted sergeant George Veasey that an enemy of his was in the yard. Veasey gave Pettengill the choice of going to yard with his enemy …
Unsworn Declarations Admissible by This is a case that will be useful to prisoners in control units or smaller prisons where public notary services are difficult to obtain. Sam Williams is a Michigan state prisoner convicted of murder who was transferred from a max to medium security prison. After a …
Inhumane Conditions Suit Requires Trial by Marshal Jackson, an Indiana state prisoner filed suit on the subhuman prison conditions he was subjected to in the Indiana penal system. He claimed he was forced to live with filth, inadequate plumbing, roaches, rodents, poor lighting, inadequate heating, rusted out toilets, drinking water …
Court Must Rule on Discovery Before Dismissal by Court Must Rule On Discovery Before Dismissal John Dean was awaiting trial in an Alabama jail when he got into a dispute with a former death row inmate awaiting a retrial. Dean was stabbed and slashed several times and had his head …
Article • April 15, 1992 • from PLN April, 1992
Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment by On December 30th the U.S. Court of Appeals for the Fourth Circuit provided some illumination as to what sort of allegations by an inmate regarding allegedly unconstitutional prison conditions are adequate to withstand a motion by prison …
Article • April 15, 1992 • from PLN April, 1992
Complaint Should Not Be Dismissed for not Complying with Local Rule by Stephen Stackhouse, a former Pennsylvania state prisoner, filed a civil rights suit claiming he was denied due process and subjected to cruel and unusual punishment while in prison. The defendants filed for dismissal and for summary judgement, Stackhouse …
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