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BOP Liable under State Law for Failure to Protect by BOP Liable Under State Law For Failure to Protect A federal district court in Georgia denied summary judgment, in part, to federal prison officials who were sued by a federal pre trial detainee who was stabbed in the Metro Correctional …
Disciplinary Hearings Require Disclosure of Evidence by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois state prisoner's lawsuit, for failure to state claim, when prison officials did not disclose an exculpatory report at a disciplinary or state the evidence relied …
Article • May 15, 2007
Contracting Tuberculosis in Prison States Claim by The court of appeals for the Fifth circuit hell that a district court when it dismissed, for failing to state a claim, a Texas prisoner's lawsuit complaining of filth, overcrowded conditions and that as result of the overcrowding plaintiff contracted tuberculosis. While the …
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
Article • May 15, 2007
Kentucky Jail Officials Held in Contempt for Overcrowding by Kentucky Jail Officials Held in Contempt For Overcrowding A federal district court in Kentucky ordered Jefferson County, Kentucky, jail officials held in contempt for violating a consent decree that prohibited overcrowding in the county jail. The court held that while the …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
Article • May 15, 2007
$680 in Damages Awarded for Ad-Seg Placement by A federal district court in Delaware awarded a prisoner $680 in damages after the plaintiff was placed in administrative segregation for six days without due process. The plaintiff, a Delaware prisoner, was placed in ad seg after a prison riot. He was …
Injunction, Damages in Prison Rape Affirmed by The court of appeals for the Eighth circuit affirmed a jury's aware of damages and a court's injunction in a South Dakota prisoner's rape suit. Plaintiff was raped by other prisoners at the South Dakota State penitentiary and filed suit. At trial, a …
Article • May 15, 2007
Warden Liable for $25,000 Damage Award in Mail Censorship Suit by The court of appeals for the Eighth circuit affirmed a jury verdict and damage award in favor of a Texas citizen who sued Missouri prison officials for censoring his mail to a Missouri prisoner. Plaintiff was a gay Catholic …
Denial of Paper Enjoined by A federal district court in Nevada issued an injunction requiring Nevada prison officials to provide adequate supplies of paper and envelopes to prisoners engaged in litigation. The court held that the right of access to the courts of necessity requires prison officials to supply prisoners …
Contempt for Disciplinary Hearing Injunction Violations Upheld by Contempt for Disciplinary Hearing Injunction violations Upheld The court of appeals for the Second circuit affirmed contempt sanctions imposed against New York state prison officials for violating an injunction in disciplinary hearings lawsuit. In this class action suit New York prisoners obtained …
Censorship of Critical Report Struck Down by The court of appeals for the Second circuit affirmed a district court injunction ordering New York prison officials to deliver a report critical of prison administrators in that state to New York prisoners. The lower court ruling is reported at 596 F. Supp. …
Article • May 15, 2007
$4,226 Awarded in Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a cell …
Trial Required in Jail Beating by The court of appeals for the Eighth circuit affirmed in part, reversed and remanded in part a directed verdict in favor of jail officials. A pretrial detainee in the St. Louis Municipal jail in Missouri claimed he was beaten and punched by jail guards …
Article • May 15, 2007
Jail Has Duty to Provide Legal Material by The court of appeals for the Fifth circuit held that a district court erred in dismissing a Mississippi prisoner's claim that the Jackson county jail lacked adequate legal material. Due to overcrowding in the state prison system, plaintiff and other state prisoners …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Dothan, AL Jail Conditions Unconstitutional by A federal district court held that conditions in the Houston county jail in Dothan, Alabama were unconstitutional. The court held the jail provided inadequate food, no exercise for the prisoners, was a fire hazard and overcrowded. The court awarded $10,000 in attorney fees to …
Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Informant Statements Require Reliability Finding in Record by The court of appeals for the Seventh circuit affirmed a district court ruling in favor of Wisconsin prison officials over the use of confidential informants. A Wisconsin prisoner filed suit under 42 U.S.C. § 1983 challenging the use of statements by a …
Article • May 15, 2007
Random Tear Gassing Claim Not Estopped; Rule Banning Discovery by Pro Se Litigants Voided by The court of appeals for the Eighth circuit reversed and remanded the grant of summary judgment in favor of Arkansas prison officials. The appeals court held that the prisoner plaintiffs' § 1983 action against officials …
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