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Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
FBI Investigates CCA-Run INS Center in New Jersey by A Corrections Corporation of America operated immigrant detention center in Elizabeth, New Jersey is under investigation due to alleged misconduct by company employees. Federal officials confirmed on April 13, 1999 that the U.S. Dept. of Justice had requested the probe, which …
Article • July 15, 1999 • from PLN July, 1999
PLRA Physical Injury Requirement Not Retroactive by The Tenth circuit court of appeals held that the Prison Litigation Reform Act's physical injury requirement, codified at 42 U.S.C. § 1997e(e), does not apply retroactively to lawsuits filed before the PLRA's enactment on April 26, 1996. Bobby Craig, a pretrial detainee at …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
Beating by Unknown Guards States Claim by Afederal district court in the District of Columbia held that a prisoner's claim that he was beaten unconscious by three unknown guards stated a claim for violation of the eighth amendment. James Arnold, a District of Columbia (DC) prisoner, was returning to his …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Conditions in Camden County Jail Unconstitutional by In 1992 and 1993 numerous' present and former CCJ prisoners filed civil rights complaints in federal court alleging an assortment of constitutional violations. Because the issues mirrored those involved in Camden County Jail Inmates v. Parker , 123 F.R.D. 490 (DNJ 1988), a …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
AL Jail Enjoined From Holding Prisoners Overnight by Afederal district court in Alabama held that conditions in the Pickens county jail in Carrolton, Alabama, were so abysmal it was not fit for human or animal habitation. Prisoners in the jail filed a class action suit challenging the conditions of their …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Article • November 15, 1997 • from PLN November, 1997
Factual Findings Required in 8th Amendment Suit by The court of appeals for the seventh circuit held that district courts must make clear, specific factual findings when ruling on contested issues relevant to prisoners' constitutional claims. Aaron Isby, an Indiana state prisoner, filed suit claiming his eighth amendment rights were …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Philadelphia Fined for Degrading City Prisons by A Philadelphia common pleas court panel fined the city $2.2 million for "degrading" conditions in the city's prisons. The judgment, passed down by a three judge panel in early October, 1996, was accompanied by a contempt of court citation for the city. The …
Chemical Toilets May Violate Eighth Amendment in Massachusetts Class Action by A federal district court in Massachusetts has set for trial a class action suit by state prisoners claiming that chemical toilets pose a health hazard that violates the eighth amendment's ban on cruel and unusual punishment. Also to be …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
Sexual Harassment Violates Eighth Amendment by A federal district court in the District of Columbia (DC) granted extensive injunctive and declaratory relief for a class of women prisoners who filed suit challenging their conditions of confinement in DC prison facilities. The rights of women prisoners were also violated under Title …
Missouri Ad Seg Damages Award Upheld by The eighth circuit court of appeals has affirmed an award of money damages to Michael Weems, a Missouri state prisoner, who was denied a review hearing while in administrative segregation. The court reaffirmed that Missouri state prisoners have a due process liberty interest …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Excessive Force Jury Instructions Affirmed by Robert Baker is a Missouri state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards swept garbage and water into his cell after which he fell and injured himself. While being taken to …
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