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Article • August 15, 2008
Disabled Kansas Prisoners Forced Labor Claim Dismissed by The plaintiff, who had had heart bypass surgery and was on medical restrictions, was ordered to sand baseboard. He complained and the doctor said it was all right. He did the work, reported chest pains, and was taken to the clinic where …
Article • February 15, 2008 • from PLN February, 2008
New York Pays State Prisoner $1,100 for Disregarding Work Restrictions by On March 31, 2006, a court of claims in Rochester, New York, awarded $1,100 to a state prisoner who was forced to pick up a laundry bag despite a work restriction prohibiting such activity. Plaintiff Stephen Gagne claimed that …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
Article • May 15, 2007
No Counsel for Asthmatic Forced to do Field Work by The plaintiff alleged that he had been required to perform certain field work (hoeing on a dusty road, digging a ditch, and helping spread dirt) despite having asthma. However, prison officials did so only after consulting with medical personnel. The …
Article • May 15, 2007
Inability to Work Suit Dismissed by The plaintiff alleged that he was assigned to a job inappropriate to his medical condition. He filed repeated grievances, all denied. The district court said he didn't exhaust because his grievances were not considered on the merits because he didn't follow the rules, and …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
Article • May 15, 2007
Burned Foot Nets $9,000 for Florida Jail Prisoner by While incarcerated at Florida's Volusia County Jail in March 1993, the prisoner plaintiff in this case was working in the jail's kitchen, which was operated by Szabo Correctional Services. Boiling water from the steam kettle spilled onto the prisoner's right foot, …
Arkansas Field Death Suit Dismissed by The decedent died of heat exhaustion on his first day on the hoe squad (on November 6, mid-afternoon temperature 72 degrees). Although overweight, he had been medically cleared for the work detail; there were hourly breaks for rest, water, and smoking; there was no …
$4,500 Verdict in NY Hernia Suit by On November 16, 1999, the New York court of claims awarded New York state prisoner Justo Lopez $4,500 for a hernia he developed while assigned to do work beyond his physical capacity. Prior to his incarceration Lopez had been shot several times, as …
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Article • May 15, 2000 • from PLN May, 2000
Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E Dannenberg Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E. Dannenberg The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established …
$1,500 in Disabled Prisoner Work Suit by The Eighth Circuit court of appeals has upheld the award of $1,500 against prison officials who forced a prisoner to perform manual labor which violated his medical work restrictions and resulted in injury. German Williams, an Arkansas state prisoner, was assigned a medical …
Article • February 15, 1999 • from PLN February, 1999
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
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