No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …
"Three Strikes" Provision of PLRA Unconstitutional by A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional. …
Dismissal of Haircut Suits Reversed by In two brief, separate rulings, the court of appeals for the Eighth circuit reversed and remanded the dismissal of lawsuits challenging prison haircut rules by Rastafarian prisoners. In one case, the court held the district court had improperly concluded the plaintiff had not exhausted …
Arkansas Department of Corruption Revealed by A career employee of the Arkansas Department of Correction was demoted from his position as warden of the state maximum security prison in January 1996, after he spoke out about corruption and lack of security in the prison. He sued the DOC and several …
Tainted Plasma Traced to Arkansas Prison: Bill Clinton's Blood Trails by St Clair, Jeffrey by Jeffrey St. Clair The year Bill Clinton became governor of Arkansas, the Arkansas state prison board awarded a hefty contract to a Little Rock company called Health Management Associates (HMA). The company got $3 million …
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions by The Eighth Circuit court of appeals held that the administrative segregation prison conditions two paraplegic prisoners were subjected to were unconstitutional and upheld a total award of $4,000 in compensatory damages. Bobby Franklin Simmons and Ricky Lee Marshall (plaintiffs), two …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
$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 …
Arkansas Sheriff Bent on "Saving" Prisoners by Arkansas Sheriff Bent on "Saving" Prisoners They call him "Sheriff Andy," you know, just like the TV show. But if your butt lands in Sheriff Andy Lee's Benton County (Arkansas) jail, you won't think you're stuck in a Mayberry R.F.D. rerun. More like …
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case by The court of appeals for the eighth circuit held that an Arkansas state prisoner was entitled to damages for both the state tort of "outrage", and for a constitutional violation. The court reinstated the full $80,000 damage award against the …
ADA Applied to AR Jail by In the first ruling out of the eighth circuit on this issue, a federal district court in Arkansas held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state correctional facilities. …
Eighth Circuit Issues PLRA IFP Procedures by The court of appeals for the eighth circuit has issued a ruling describing the procedures it and all district courts in that circuit will use to assess and collect filing fees from prisoners who file with In Forma Pauperis (IFP) status. The court …
Jury Verdict Affirmed in Arkansas Prisoner Attack by The court of appeals for the eighth circuit affirmed a jury verdict that found a prison guard liable for failing to protect two prisoners from attack by another prisoner. Arkansas state prisoners Lonell Newman and Hoseia Chestnut were both attacked by a …
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
Impregnated Arkansas Prisoner Wins Suit by An Arkansas state prisoner was awarded $120,000 after a jury heard her claim that she was impregnated by one guard and sexually harassed by another. The federal court jury found that Laura Berry's constitutional rights were violated by former guard Randall Reed and former …
Muslim Can't Be Punished for Refusal to Handle Pork by The court of appeals for the eighth circuit held that a district court erred when it granted prison officials qualified immunity for punishing a Muslim prisoner who refused to handle pork. Roosevelt Hayes is an Arkansas state prisoner and a …
No Right to Wages Under Interstate Compact by No Right to Wages under Interstate Compact The court of appeals for the eighth circuit held that neither the Interstate Corrections Compact nor Missouri state law required that Missouri prisoners held out of state be paid for their labor. Kenneth Jennings was …
