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$7,500 for Failing to Protect Snitch by The court of appeals for the Seventh circuit affirmed a district court awarding an informant $7,500 in damages after he was assaulted by other prisoners. The prison failed to screen snitch's files. His files were not checked before being placed in Protective Custody, …
Article • May 15, 2007
Guards Liable for Failing to Protect Snitch by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois prisoner's suit that guards were deliberately indifferent to his safety when he was attacked by a cellmate in Protective Custody. Plaintiff had previously assisted …
Article • May 15, 2007
Governor Held in Contempt in RI Crowding Suit by A federal district court in Rhode Island held that the state's governor and director of prisons were in continuing contempt for failing to comply with previous orders to correct unconstitutional prison conditions. Court previously held that prisoners and detainees could not …
Liberty Interests for PC Prisoners Discussed by A federal district court in Missouri held that protective custody Colorado prisoners sent to Missouri to relieve overcrowding in their home state, had a due process liberty interest in being treated the same as general population prisoners in Colorado were. Prisoners alleged deprivations …
NJ Jail Held in Contempt by A federal district court in New Jersey held that the Essex county jail was in contempt for not complying with orders to limit overcrowding and give prisoners outdoor exercise. Court had previously found conditions were deplorable and ordered relief. Court sanctioned jail with $1,476,800.00 …
Informants Require Reliability Evaluation by A federal district court in New York held that an independent credibility assessment must be done before statements from confidential informants could be used in a prison disciplinary hearing. Plaintiff was infracted for stabbing another prisoner at Sing Sing prison. The only evidence against him …
Article • May 15, 2007
$210,000 Awarded in Tennessee Jail Heat Stroke Death by A federal district court in Tennessee awarded $100,000 in compensatory and 110,000 in punitive damages to the children of a prisoner who died of heat stroke in the Chattanooga jail in Tennessee. Court held that jail's failure to take remedial action …
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 …
Prison Officials Liable for Lack of Mental Health Care by A federal district court in mew York held that state prison officials were liable for a policy that housed mentally ill prisoners with those who were not. Officials were also liable, in this class action suit by women prisoners in …
Article • May 15, 2007
Jim Crow Segregation Laws Illegal by A three judge district court struck down as unconstitutional Georgia statutes requiring the racial segregation of state prisons and local jails. Court also held prisoners lacked standing to demand prisons and jails to hire black staff. Interesting historical description of Jim Crow prisons. See: …
Prisoner Organizers Transferred for Safety from Staff by The court of appeals for the Fifth circuit affirmed a district court injunction ordering two prisoner activists transferred to another prison for protection from prison staff. The plaintiffs were accused of inciting the burning of prison buildings and that their lives would …
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 …
Article • May 15, 2007
Section 1983 Proper to Escape Guard Threats by A New York detainee at Riker's Island jail filed a habeas corpus petition seeking a transfer due to threats by jail guards. The district court dismissed the petition. Prisoner then filed a § 1983 suit, which was also dismissed. The court of …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was …
Article • May 15, 2007
Injunction Entered on Jail Isolation Cell by A federal district court in Massachusetts enjoined use of a jail isolation cell due to its inhumane conditions. During a cell search drugs were found in plaintiff's cell. Plaintiff was infracted and placed in hospital isolation for 30 days. The isolation cell had …
NY Prisoner Awarded Damages in Disciplinary Hearing Suit by A federal district court in New York awarded $1,281 in damages to a New York state prisoner whose due process rights were violated at a disciplinary hearing. Defendants refused to investigate plaintiffs claim that marijuana found in his cell was not …
Article • May 15, 2007
Infraction Finding Must State Evidence Relied On by A federal district court in Illinois held that the due process rights of an Illinois state prisoner were violated when the infraction report stated he was guilty of the charged offenses but did not state the evidence relied on for that finding. …
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 …
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