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$273,000 Settlement for Gassing by A hallucinating diabetic was sprayed in the face with a chemical spray called "Freeze + P." after he had been arrested and tried to escape. The spray contains tear gas and a red pepper derivative. After being held in the Montgomery County, Alabama, jail for …
$1.7 Million Settlement for Beating by A homeless man arrested for not paying a $100 fine for shoplifting food was booked into the Los Angeles County Jail. He refused to take an X-ray test for tuberculosis and was placed into an unsupervised hallway with a much taller prisoner who had …
Prisoners Have Right to Prompt Sentence Computation by David Plumb is an Oregon state prisoner. He filed suit under § 1983 claiming that his right to due process under the fourteenth amendment and his right to be free from cruel and unusual punishment under the eighth amendment were violated by …
Article • June 15, 1994 • from PLN June, 1994
Public Strip Searches Unlawful by Alvin Canell is an Oregon state prisoner held at the Oregon Corrections Intake Center (OCIC), which is jointly operated by the Oregon DOC and Clackamas County. Upon arriving, leaving or after any trip outside of OCIC, prisoners are made to disrobe, lift their genitals, bend …
Double Celling Pre-Trial Detainees Violates Due Process by Several animal rights protestors arrested while demonstrating against an annual pigeon shoot filed suit against Schuykill County Prison in Pennsylvania, and it's officials, alleging that the conditions of confinement during their stay at the prison violated their constitutional rights. The conditions complained …
Article • February 15, 1994 • from PLN February, 1994
City Liable for Negligent Medical Care by Sean Simpkins was a pre-trial detainee in New York City. While in custody he was taken to the city owned hospital at Bellevue for sinus surgery. Instead of operating where indicated by a CAT scan the doctor operated on the wrong sinus resulting …
Chained Detainee Wins Restraint Case by At the Madison County Jail in Indiana a pre-trial detainee named Jones became despondent and tried to hang himself, after learning that his four months pregnant girlfriend had taken a job as an exotic "topless" dancer. Jail officials busted Jones and moved him to …
No Qualified Immunity for Denial of Medical Care by George Cornelious was assaulted and badly beaten in Jefferson City, MO. While receiving treatment at a local hospital he was arrested due to an outstanding warrant. The treating doctor gave the arresting police a head injury monitoring sheet on which to …
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 …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
Jail Inmates Entitled to Safe Cells by Jail Inmates Entitled To Safe Cells Two prisoners at the Birmingham, Alabama, jail committed suicide and their estates filed suit claiming violations of the detainees' eighth and fourteenth amendment rights. Both men hanged themselves with bed sheets hung from an iron bar across …
Unlawful to Knock Down Handicapped Prisoner by Unlawful To Knock Down Handicapped Prisoner Laneer Winder is a handicapped Illinois pretrial detainee in the Chicago jail. Due to a back injury Winder cannot walk more than short distances and needs leg braces to walk at all. While going from his cell …
Article • July 15, 1992 • from PLN July, 1992
Inmate Assaulted by Guard Wins Suit by An inmate's suit claimed that he was beaten by a number of officers in the presence of the sheriff. The court found that the beating was unprovoked. It was possible that the inmate had been talking loudly, but "that was no justification for …
Prisoner Victims of Guard Assault Win Damages by Prisoner Victims Of Guard Assault Win Damages Ten prisoners in the D.C. jail learned they were being transferred to another facility. A number of the inmates passively resisted the transfer. They alleged that after the transfer, they were beaten by correctional officers. …
Article • March 15, 1991 • from PLN March, 1991
Disclosure of AIDS Condition Violates Right to Privacy by Disclosure Of AIDS Condition Violates Right To Privacy The federal district court in New Jersey ruled that disclosure of a person's medical condition, especially exposure to or infection with HIV (the virus suspected of causing AIDS), is disclosure of a "personal …
County Fined $500,000 for Deliberate Indifference by County Fined $500,000 For Deliberate Indifference A federal appeals court upheld a damages award of $500,000 because of a physician assistant's deliberate indifference to an inmates serious medical needs. The county road camp prisoner in Florida injured his leg when he jumped off …
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