Defendants Bear Burden of Proving Non Exhaustion by Defendants moved to dismiss for non-exhaustion supported by a conclusory affidavit stating that the plaintiff has not exhausted "without describing which claims plaintiff failed to exhaust. Inasmuch as exhaustion is an affirmative defense, defendants must raise and prove that plaintiff did not …
No Qualified Immunity for Suicide of Utah Prisoner by The police captain who arrested the decedent was told by several people that he was a suicide risk; he said he had contemplated suicide but decided against it; the captain said he concluded the decedent was not a suicide risk. However, …
Damages Awarded for Denial of Voting Rights by The Arkansas Plaintiffs were awarded $500 to $2,000 for deprivation of voting rights. The appeals court had previously said that they "should be entitled to more than nominal damages. Moreover, humiliation, embarrassment, and mental anguish are compensable." (1211) If there is an …
No Qualified Immunity for Arbitrarily Pepper Spraying Prisoner by The plaintiff alleged that he was sprayed in the face with Capstun without warning after declining to take his copy of a receipt for confiscated property, then slammed to the floor and handcuffed. He alleged that he did not intentionally disobey …
Service on Prisoner by Certified Mail Not Presumptively Adequate by The U.S. Court of Appeals for the Eighth Circuit has held that the federal Drug Enforcement Agency (DEA) didn't presumptively provide adequate notice of pending forfeiture proceedings when it served a notice thereof by certified mail to the jail where …
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 …
Retaliation for Prisoner's Inability to Work Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court improperly granted summary judgment to Arkansas prison officials. The appeals court held that the plaintiff's claim that he was retaliated against for filing the instant lawsuit was …
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
Prisoner Ordered Transferred to Escape Warden's Death Threats by The court of appeals for the Eighth circuit ruled that a notorious Arkansas prisoner's life was in danger after the prison warden threatened to kill him. The court ordered the prisoner's transfer to a state or federal prison outside of Arkansas …
Denial of Clothes Upheld by The court of appeals for the Eighth circuit held that making an Arkansas prisoner spend 14 days in his underwear in segregation, when absolutely no penological reason justified the denial of clothes, was constitutional where the prisoner had sheets and blankets and the cell was …
Stamp Ban, Mail Denial in Segregation Upheld by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps since embossed envelopes could be purchased from the prison commissary. The court upheld a 30 day ban on the receipt and sending of personal mail to …
No Right to Radio by The court of appeals for the Eighth circuit held that an Arkansas prisoner had no right to possess a radio in prison. The court accepted prison officials claim that radios pose a security threat in prison. No other court has held that prisoners have a …
Postage Stamp Ban Permissible by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps. Court notes that indigent prisoners must be provided with some postage at state expense. Postage stamps were replaced by embossed envelopes. See: Kaestel v. Lockhart, 746 F.2d 1323 (8th …
Attorney Fee Award, 30 Day Punitive Isolation Limit Upheld by The U.S. Supreme Court affirmed a lower court decision wherein plaintiff prisoners' attorney fees were levied against the Arkansas Department of Correction and limits placed on time spent in punitive isolation. After a U.S. district court found conditions in the …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
Visitor Passing Through Metal Detector Partly Disrobed Not "Strip Search" by Visitor Passing Through Metal Detector Partly Disrobed Not "Strip Search" The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Arkansas, held that a state prison guard's requirement that an eight-year-old female …
Jailers Denied Qualified Immunity on Prisoner Assault by The U.S. Eighth Circuit Court of Appeals, reversing an Arkansas U.S. District Court, denied qualified immunity to jailers who knowingly celled an arrestee with his known enemy, resulting in an assault on the arrestee. Rod White was arrested and booked at the …
