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Florida Conditions Victory Reversed by This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial …
Article • September 15, 1993 • from PLN September, 1993
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
Article • August 15, 1993 • from PLN August, 1993
California Visitor Search Ruling Modified by A 13-point injunction concerning searches of visitors to California prisons was scrutinized March 23 and modified in some particulars by the California Court of Appeals, First District. The injunction was the result of a suit challenging a program under which visitors' vehicles were subjected …
Money Damages Available for Consent Decree Violations by Two prisoners at the Georgia State Prison (GSP) filed suit under § 1983 concerning the confiscation of personal property and the procedures at prison disciplinary hearings. In the mid-70's these issues had been litigated as part of a class action suit by …
Reduction In Damages Improper by Harry Weeks was a parapeligic Ohio state prisoner. For a two year period Weeks was housed in a control unit at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The control unit did not permit Weeks to have a wheelchair. L.R. Chaboudy was the …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
Comic Book Censorship Overturned by Everett Lyon is an Iowa state prisoner. He ordered several religious comic books which prison officials censored claiming they would be "disruptive and produce violence" because they were allegedly "anti-catholic and blatantly bigoted." After exhausting his administrative remedies Lyon filed suit under § 1983 claiming …
State Liable for County Jail Overcrowding by Jail prisoners in the Harris County Jail, Texas, filed suit against county and state officials claiming that overcrowding at the jail violated the eighth amendment. The district court found that it did and that both state and county officials had acted with deliberate …
Nominal Damages Awarded in Prison Rape Case by Four Missouri state prisoners were repeatedly raped by other prisoners. Before and after the rapes they were unable to check into Protective Custody (PC). They filed suit against prison officials claiming the rapes violated their eighth amendment rights. After a trial, the …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Article • January 15, 1993 • from PLN January, 1993
Exposure to AIDS Contaminated Sewage Banned by Prisoners at a Missouri county jail were involved in the large scale cleanup of raw sewage at the jail hospital. The sewage was contaminated with the AIDS virus from AIDS patients in the jail hospital. Prisoners were not provided with protective clothing during …
Article • December 15, 1992 • from PLN December, 1992
Incarcerated Juveniles Have Right to Court Access by In a still developing area of the law, the Sixth Circuit Court of Appeals affirmed that juvenile prisoners have a constitutional right of access to the courts. To make this right meaningful, the state must provide juveniles with access to attorneys. This …
Contempt Order Appropriate for Consent Decree Violation by Contempt Order Appropriate For Consent Decree Violation In 1978 San Francisco jail prisoners filed suit over jail conditions. In 1982 the parties entered into a consent decree that included a limit on the number of prisoners that could be housed in the …
State Judges Can Be Sued for Injunctive Relief in Federal Court by State Judges Can be Sued for Injunctive Relief in Federal Court Carrol Olson is a Kansas state probationer convicted of issuing a worthless check. Olson sought to appeal his conviction in the Kansas Court of Appeals. The state …
New Ruling May Impact Prison Law Library Policies by Ed Mead By Ed Mead Arecent decision by the United States Court of Appeals for the Ninth Circuit could have broad implications on policies governing the operation of inmate law libraries. The case addressed the common problems of proper training for …
Con Awarded $1,500 For Inadequate Book Access by A prisoner housed in a maximum security building at a Delaware prison filed a lawsuit challenging the adequacy of the legal resources available to him. The court found the legal resources provided constitutionally inadequate and awarded him $750 in compensatory and $750 …
CBCC Publisher Only Rule Upheld on Qualified Immunity Grounds by Martin Johnson was a federal prisoner sent to the Clallam Bay Corrections Center (CBCC) in Washington state as a boarder. He filed suit challenging numerous aspects of prison conditions under the due process clause of the federal constitution. The district …
Article • December 15, 1991 • from PLN December, 1991
Oklahoma Must Provide Adequate Funds for Its Public Defenders by In a highly significant case the 10th Circuit Court of Appeals ruled that by failing to adequately fund it's appellate public defenders the Oklahoma State Legislature deprives prisoners of their right to due process and equal protection of law under …
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