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Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Article • July 15, 2009
Class Claims for Injunctive Relief in HPC Suit Dismissed as Moot by U.S. District Judge Noel L. Hillman has dismissed as moot class claims brought by a group of New Jersey prisoners alleged to have been unreasonably exposed to Hepatitis C (HPC). Walter Bennett on behalf of all others similarly …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
An unfair prison litigation system by David C Fathi By David Fathi | August 25, 2009 IN 2004, a teenage girl incarcerated at the Illinois Youth Center in Warrenville was sexually abused by a male employee at the facility. The abuse consisted of repeated acts of oral sex and sexual …
Court Allows Deliberate Indifference Claim for Denial of Medication to Proceed by U.S. Magistrate Judge B. Janice Ellington has allowed a 42 U.S.C. § 1983 action to move beyond screening. The action, brought by a former Nueces County Jail prisoner, alleges that jail officials were deliberately indifferent in providing the …
Article • July 15, 2009
Pennsylvania Prisoner Properly Exhausted Claims in Medical Diet Case by On November 4, 2008, a Pennsylvania district court denied summary judgment in the case of Pennsylvania prisoner, Richard Young. Young, represented by Meghan E. Jones-Rolla of Meyer, Darragh, Buckler, Bebenek, and Eck in Pittsburgh, filed a Section 1983 claim alleging …
No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
Article • July 15, 2009
Denial of Application to Proceed In Forma Pauperis Constitutes a “Strike” Under PLRA by A denial of leave to proceed in forma pauperis (IFP) constitutes a “strike” under the Prison Litigation Reform Act’s (PLRA) IFP provisions, the Ninth Circuit held July 14, 2008. Louis O’Neal brought suit against a California …
Brief • July 15, 2009
Ashman v. Marshall, MA, Brief Attorney Fee, Successful Conditions of Confinement Suit, 2010 Issue Presented Did the superior court abuse its discretion by awarding attorney fees to Plaintiff-Appellee Doherty after the jury found that the DefendantAppellants had caused him and ten other prisoners to live under conditions of extreme squalor …
Eighth Circuit Allows Termination of Minnesota Prison Health Care Consent Decree by On November 21, 2008, the Eighth Circuit Court of Appeals affirmed a federal district court's order terminating the Hines Consent Decree covering prison medical care in the Minnesota Department of Corrections (DOC). In 1973, Howard Lansing Hines and …
State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matthew Clarke State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matt Clarke In September 2008, the Texas State Auditor released a report on the investigation and resolution of complaints in the Texas Department of Criminal Justice (TDCJ). The …
Conditions in Maricopa County, Arizona Jails Still Unconstitutional by Matthew Clarke by Matt Clarke On October 22, 2008, U.S. District Court Judge Neil V. Wake issued an 83-page order with findings of facts and conclusions of law in a long-running civil rights lawsuit against Maricopa County, Arizona Sheriff Joe Arpaio …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Tenth Circuit Reverses Dismissal of Suit for Failure to Prove Exhaustion of Administrative Remedies by On February 5, 2008, the U.S. Court of Appeals for the Tenth Circuit reversed the dismissal of a suit against Corrections Corporation of America (CCA) for failure to prove exhaustion of administrative remedies. Wesley Purkey, …
Article • May 15, 2009 • from PLN May, 2009
Florida Prison Officials’ Failure to Timely Respond to Grievances Results in Exhaustion of Administrative Remedies by Florida Prison Officials’ Failure to Timely Respond to Grievances Results in Exhaustion of Administrative Remedies The Eleventh Circuit Court of Appeals held that Florida prison officials failed to timely respond to a prisoner’s grievance, …
Article • May 15, 2009 • from PLN May, 2009
Eighth Circuit: Missouri Prisoner Has Right to Elective Abortion by The Eighth Circuit U.S. Court of Appeals has held that the Missouri Department of Corrections’ (MDOC) blanket policy of prohibiting the transport of female prisoners to outside medical facilities for elective, non-therapeutic abortions violated the Fourteenth Amendment. An anonymous MDOC …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
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