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Article • May 15, 2007
Puerto Rican Jail Ordered Closed by A federal district court in Puerto Rico ordered a jail closed within 20 days. The jail was a former military fort built in 1848 and was used as a county jail. The jail was a leaking fire trap with leaking plumbing and roofs, exposed …
Attorney Fee Award Increased in Conditions Case by The court of appeals for the Fourth circuit upheld a lower court's grant of attorney fees higher than the lawyer's normal rates due to the complexity of the case. The fee award in this class action conditions case in South Carolina totaled …
Overcrowding Must Cause Harm to Be Actionable by The court of appeals for the Sixth circuit largely reversed a district court's injunction over conditions at the Knox county jail in Knoxville, Tennessee, holding there must be a causal connection between overcrowding and bad conditions. The district court issued an injunction …
Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
Article • May 15, 2007
Attorney Fees Awarded in OK Jail Suit by The court of appeals for the Tenth circuit affirmed an attorney fee award of $144,930.43 to prisoners who successfully sued over conditions in the Tulsa, Oklahoma jail. Court held prisoners' counsel was entitled to a fee enhancement. See: Clayton v. Thurman, 775 …
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 …
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