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Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous by The U.S. Tenth Circuit Court of Appeals held that an Oklahoma Department of Corrections (OKDOC) prisoner's claims regarding his diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials …
Article • May 15, 2007
Prisoner's Suit Over Unsanitary Meals States Claims by The U.S. District Court for the Northern District of Illinois held that a prisoner's claims under 42 U.S.C. §1983 and state law were sufficient to withstand a motion to dismiss. Nartin Drake, a prisoner at the Cook County Jail, brought actions under …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Article • May 15, 2007
Court Dismisses Dental, Diet and TB Suit by A prior decision collaterally estopped the plaintiff's claim about placement in isolated confinement when she received a positive tuberculosis test. The fact that the prior decision involved a different prison and different defendants did not matter, since the plaintiff was a party …
Article • May 15, 2007
Okay to Deprive Arrestees of Food and Water for Short Time by Okay to Deprive Arrestees of Food and Water for Short Time Plaintiffs who were arrested and spent "a short time" (unspecified, but the characterization is undisputed) in a police lockup were not subjected to punishment by the failure …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
Article • May 15, 2007 • from PLN May, 2007
Nevada Prisoner Awarded $18,700 For Retaliation Claim by On October 14, 2005, a federal jury in Nevada awarded $18,700 to a state prisoner who suffered a retaliatory transfer and punishment after he voiced complaints about the prison?s food and grievance procedures. According to the lawsuit, prisoner Phillip Lyons was elected …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
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 …
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 …
Article • May 15, 2007
No Right to Operate Business or Buy Cheap Food by The court of appeals for the First circuit held that a Massachusetts prisoner had no right to operate a health food business in prison to sell food to other prisoners. The court held prisoners have no constitutional right to buy …
Prevailing Party in Disciplinary Suit Awarded Fees by Prevailing Party In Disciplinary Suit Awarded Fees The court of appeals for the First Circuit upheld an award of $37,123.85 in attorney fees to a Massachusetts state prisoner who was awarded $1 in nominal damages at trial for due process violations at …
BOP Pays $7,000 in Pork Handling Suit by BOP Pays $7,000 In Pork Handling Suit The court of appeals for the Seventh circuit affirmed a district court's award of 17,000 in damages to a Muslim federal prisoner at Marion who was punished for refusing to handle pork due to his …
Article • May 15, 2007
Unsanitary Food, Contaminated Water State Claim by The court of appeals for the Ninth circuit held that allegations of unsanitary food handling and polluted water in an Arizona prison stated a claim. The district court erred in dismissing the suit as frivolous. Not a ruling on the merits. See: Jackson …
Article • May 15, 2007
Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …
Article • May 15, 2007
Single Case of Food Poisoning Okay by The court of appeals for the Fifth circuit held that a single instance of mass food poisoning in a Louisiana prison did not violate the Eighth amendment. If food poisoning were a regular occurrence there may be a claim. See: George v. King, …
Article • May 15, 2007
Diabetic Prisoner Entitled to Special Diet by A New York federal district court ordered prison officials at the Green Haven Penitentiary to transfer a "brittle diabetic" to a facility equipped to provide his physical and dietary needs, or to insure he is forthwith provided with fully adequate care, including a …
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