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Law Librarian Liable for Access Violations by A Lorton prisoner at the Occoguan Facility brought suit under 42 U.S.C. §§ 1983 and 1988 and the first, fifth, sixth and fourteenth amendments to the constitution. The complaint alleged a pattern of exclusion and harassment in connection with his use of the …
Article • July 15, 1993 • from PLN July, 1993
No Qualified Immunity for Medical Indifference by Dennis Hamilton is an Alaska state prisoner. After an ear operation prison officials tried to fly him to a federal prison in Oklahoma. The trip was aborted after the first leg of the trip due to extreme ear pain caused by flying. Hamilton's …
Mentally Ill Entitled to Health Care by H.B. is a woman prisoner in the Arizona DOC. She suffers from schizophrenia and becomes hostile and threatening when she doesn't take her medication. HB's legal guardian filed suit on her behalf claiming that the DOC's pattern of placing HB in lockdown constituted …
Search Victory for Women Cons by Gini Faller By Gini Faller The long-awaited decision in Jordan v. Gardner, et. al. came down on February 25, 1993. The Ninth Circuit, sitting en banc held 7-4 that cross-gender non-suspicion clothed body searches violate the 8th Amendment: In this case we are presented …
Nominal Damages Awarded in Prison Rape Case by Four Missouri state prisoners were repeatedly raped by other prisoners. Before and after the rapes they were unable to check into Protective Custody (PC). They filed suit against prison officials claiming the rapes violated their eighth amendment rights. After a trial, the …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
Article • March 15, 1993 • from PLN March, 1993
Prison Bosses Liable for Rights Violation by Willie Horne is a retarded New York state prisoner who was infracted, not provided with a counsel substitute at a disciplinary hearing, and was punished. Horne filed suit claiming that prison officials violated his due process rights by subjecting him to a disciplinary …
Article • November 15, 1992 • from PLN November, 1992
Medication Must Be Delivered in Timely Manner by Medication Must be Delivered in Timely Manner Raymond Aswegan is a 70 year old Iowa state prisoner serving a life sentence at the Iowa State Penitentiary. Aswegan has numerous health problems including coronary artery disease, arthritis, obstructive pulmonary disease and a history …
Prisoner Entitled to Receive Medication by Lawrence Hill is an Ohio state prisoner. While in the Cincinnati jail Hill tested positive for tuberculosis and was prescribed medication to prevent it from becoming active and to eradicate it. The medication had to be taken continuously for one year otherwise the bacteria …
'Partial Victory' In Attica Prisoners' Case by From: Workers World Newspaper A bitterly divided jury returned a mixed verdict Feb. 4 in the lawsuit by former inmates at Attica Prison against four former New York state officials. The suit by the Attica Defense Committee grew out of the bloody, murderous …
Racial Discrimination in Prison Challenged by Racial Discrimination In Prison Challenged New York's Elmira Correctional Facility is plagued by racism toward prisoners in the areas of job placement, housing assignments, and discipline, the U.S. District Court for the Western District of New York held. Relying on both anecdotal and statistical …
Court Supports Supervisory Liability Claim by James Johnson, a prisoner at the Cummins Unit of the Arkansas Department of Corrections, appealed from the district court's dismissal of his §1983 complaint. The complaint alleged that Johnson suffered an inguinal hernia, which was diagnosed in January 1984. The prison doctor recommended surgery …
Deliberate Indifference Demonstrated by Proof of prison administrators' "consistent pattern of reckless or negligent conduct" in providing prisoners with medical care is enough to establish the deliberate indifference to prisoners' serious medical needs necessary to make out an Eighth Amendment violation and hence to subject the officials to civil liability. …
Prisoner Wins Ban on Military Catalog by A prisoner filed a civil rights complaint alleging that his constitutional guarantees were violated by prison officials refusing to allow him to receive a military surplus catalog. The jury found in favor of the plaintiff on the catalog issue, awarding him $1 in …
Article • November 15, 1990 • from PLN November, 1990
Digital Probe Costs Nevada $4,000 by A U.S. Court of Appeals, noting that a digital anal body cavity search is "humiliating, degrading and uncomfortable" and that more "narrow and restrictive means could have been used," held that the defendant Associate Warden of a Nevada prison must pay an award of …
Article • July 15, 1990 • from PLN July, 1990
Pleading Supervisory Liability by Prisoner seeking to sue prison officials in section 1983 Civil Rights actions must allege either personal involvement and/or supervisory liability by administrators in order to state a claim. "To hold supervisors liable under section 1983," the court said at page 645, "a plaintiff must show that …
$241,000 Damages Upheld in Beating by $241,000 DAMAGES UPHELD IN BEATING A prisoner riot broke out when thirty prisoners forced their way into an area where they fought guards who were trying to remove a drunken prisoner. During the fight, one guard was fatally stabbed and several others wounded. When …
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