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Article • May 15, 2007
Prisoners Win Conditions Suit by The court of appeals for the Eighth circuit affirmed a lower court ruling enjoining overcrowding, inadequate medical care, ad seg procedures and other assorted constitutional violations in a Missouri prison. See: Burks v. Teasdale, 603 F.2d 59 (8th Cir. 1979).
Article • May 15, 2007
Prison Ordered Closed by The court of appeals for the Fourth circuit affirmed a lower court ruling ordering a prison closed down because of overcrowding and other unconstitutional conditions. The lower court rulings are reported at: Johnson v. Levine, 450 F. Supp. 648 (D MD 1978) and Nelson v. Collins, …
Prison Conditions Injunction Must View Totality of Conditions by The court of appeals for the Sixth circuit held that cruel and unusual prison conditions existed in a Michigan prison when inadequate showers, exercise, religious services and due process for ad seg placement existed. The court emphasized that "what is the …
MS Jail Conditions Unconstitutional by In a seminal jail conditions case, the court of appeals for the Fifth circuit, en banc, set forth standards for future jail litigation. The court gives an extensive discussion of unconstitutional conditions in this Mississippi jail including: racial segregation of prisoners, overcrowding, prisoner run housing …
Article • May 15, 2007
Consent Decree Modification Standard by Consent Decree Modification Standard Explained The court of appeals for the Fourth circuit, sitting en banc, held that a district court had properly modified a consent decree where Maryland prison conditions remained inhumane. Underlying suit over prison conditions was settled by consent decree, progress was …
Expense No Justification for Eighth Amendment Violation by The court of appeals for the Ninth circuit vacated a district court's preliminary injunction on ad seg conditions in four California prisons. The court rejected the "totality of conditions" analysis later adopted by the U.S. supreme court in Rhodes v. Chapman, 101 …
Article • May 15, 2007
South Dakota Prisons' Conditions of Confinement Are Unconstitutional by The U.S. District Court for the District of South Dakota, in a class action suit, found that the totality of conditions at the South Dakota State Penitentiary (SDSP) and in the Women's Correctional Facility (WCF) were so bad as to violate …
Attorney Fee Award in New Jersey Jail Case by The U.S. District Court for the District of New Jersey held that Cape May County Jail prisoners, who won a consent decree in a jail conditions case, were the "prevailing parties" for the purpose of an attorney fee award under the …
Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict by Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict Upheld The Fourth Circuit Court of Appeals held a district court properly applied a subjective and objective test to determine a defendant's good …
Denial of Class Certification in Pennsylvania Conditions Suit Reversed by The Third Circuit Court of Appeals has held that a district court properly denied three prisoners' Eighth Amendment claim of unconstitutional conditions at the State Correctional Institute at Graterford, Pennsylvania, but erred in denying class certification and ruling on the …
Article • May 15, 2007
Consent Judgment Entered to Improve Confinement Conditions at MO Jail by A Missouri federal District Court approved a consent decree in litigation challenging conditions at the Jackson County Jail in Kansas City. The consent judgment requires jail authorities to: (1) fumigate the jail weekly for insects and rodents; (2) make …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
South Dakota Prison Conditions Unconstitutional by The Eighth Circuit Court of Appeals held that double ceiling may violate the Eighth Amendment in light of other serious deficient conditions of confinement, and a district court may use expert testimony to set prison maximum capacity. This was a class action filed by …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Article • May 15, 2007
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
Jail Closed Due To Living Conditions, Failure To Comply by The U.S. District Court for the Western District of Pennsylvania ordered the closing of a county jail due to unconstitutional living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate …
Saginaw County Jail Practices Unconstitutional by A Michigan federal district court held that practices and procedures, affecting pre-trial detainees at the Saginaw County Jail are unconstitutional and enjoined them. This is a class action suit that did not challenge the general physical conditions, but the practices and procedures of the …
State Law No Immunity for Attorney Fee Awards by The Ninth Circuit Court of Appeals has affirmed a California District Court's order awarding interest on attorney fees previously awarded, additional fees expended to enforce the first award, and requiring the State Controller to issue an award to the State Treasurer …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
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