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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 …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
Overcrowding, Bad Prison Conditions Enjoined by The court of appeals for the eighth circuit held that a district court erred when it dismissed a suit against a an Arkansas county jail. The court held the plaintiffs had presented sufficient evidence of a deficient diet, overcrowding, inadequate excercise, and forced exposure …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
Denial of Class Certification Reversed by The Sixth Circuit Court of Appeal held that a district court used the wrong standard in denying class certification and remanded for consideration of the detainees' First Amendment claim. This action was filed by pretrial detainees at Tennessee's Warren County Jail, alleging constitutional violations …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Article • May 15, 2007
No Modification of Mental Hospital Consent Decree by The defendants wanted to get out of a consent judgment governing a mental health facility, and the court doesn't let them, because even though the facility is closed, it is not established that the discharged patients have been treated consistently with the …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Hawaii Settles DOJ Suit Over Unconstitutional Juvenile Facility by The State of Hawaii settled a suit brought by the United States government, resolving a suit over unconstitutional conditions of confinement at the Hawaii Youth Corrections Facility (HYCF) in Kailua, Hawaii. On August 16, 2004, the United States Department of Justice …
Wyoming Federal Court Awards Attorney $18,000 for Compliance Monitoring by Michael Rigby On March 9, 2006, the U.S. District Court for the District of Wyoming awarded $16,200.50 in enhanced fees plus $2,105.28 in costs to an attorney for time spent monitoring compliance with remedial measures at the Carbon County (Wyoming) …
Confronting Confinement, A Report On Safety and Abuse In America’s Prisons, Vera Justice Institute (2006), 118 pp. by John Dannenberg Confronting Confinement, A Report On Safety and Abuse In America's Prisons, Vera Justice Institute (2006), 118 pp. Reviewed by John E. Dannenberg The Commission on Safety and Abuse in America's …
Sacramento Jail Rampant with Excessive Force and Brutality by Gary Hunter Imagine six million candles of light and the noise level of a jet plane taking off inside an average 6'x10' jail cell. That's what Courtney Countee, Jessie Kerwin, Daniel Lucas, Jason Morrison, Cladius Jefferson and Michael Toro endured at …
Virginia Jail Disgraceful by Gary Hunter Richmond City Jail is in such bad shape newly elected Sheriff C.T. Woody called it a ...disaster. I knew it was bad, but I had no idea it was that bad, he said. On January 4, 2006 a report was issued detailing the deficiencies …
CSC Alien Abuse Class Action Settled for $2.5 Million by On August 10, 2005, a federal court in New Jersey approved a settlement in Brown v. Esmor Correctional Services Inc., USDC No. 98-1282 (DNJ). Esmor Correctional Services Inc. (Esmor) later known as Correctional Services Corporation (CSC), agreed to pay the …
Texas Jails Troubled by Deaths, Negligence and Failed Inspections by Gary Hunter For decades Texas jails have been cesspool's of misery, medical neglect, brutality and over crowding. Class action litigation in the 1970's alleviated some of the worst aspects of the Texas jail system and led to modest improvements. By …
Article • October 15, 2005 • from PLN October, 2005
Illinois Jail Conditions Suit Nets $150,000 Attorney Fee Award by An Illinois Federal District Court has awarded attorneys representing prisoners at the Winnebago County Jail (WCJ) $150,000 in attorney fees and costs. This class action suit alleged the conditions at WCJ were unconstitutionally deficient in numerous respects. The suit alleged …
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