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Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Extra Protection Provided Under Florida Disciplinary Rules by Florida's First District Court of Appeal has held that the Florida Department of Corrections (FDOC) rules require it to provide a prisoner with the names of witness to incidents within the disciplinary report, produce videotapes, or explain the reasons for the failure …
Article • May 15, 2007
Malicious and Sadistic Use of Force States Claim by An Indiana federal district court held that state prisoner Nathaniel Jones-Bey alleged sufficient facts to defeat the defendants' motion for summary judgment on his excessive use of force claim. While housed at the Maximum Control Facility in Westville, Indiana, Jones-Bey was …
Sheriff's Delay Or Denial Of Detainee's Serious Medical Needs Ruled Sufficient To Defeat Summary Judgment Motion by The Fifth Circuit US Court of Appeals ruled that a sergeant's actions that resulted in delay or denial of medical care to a county jail detainee who subsequently died from alcohol withdrawal seizures …
Article • May 15, 2007
Louisiana Sheriff Denied Qualified Immunity in Detainee's Suicide by The Fifth Circuit issued a mixed ruling after Louisiana Sheriff's officers appealed the denial of qualified immunity on a jail suicide matter. In August 1996, Sheila Jacobs was arrested for attempted murder. Sheriff Bill Daniel was told that she had tried …
Article • May 15, 2007
Loss of Prisoner's Dentures and Heart Medication Valid Claims by The court of appeals for the Seventh circuit has held that a guard's intentional loss of a prisoner's dentures and heart medication is actionable under 42 U.S.C. § 1983 as two separate claims for deliberate indifference to serious medical needs …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
Article • May 15, 2007
Washington DOC Pays $10,810 in Wheelchair Discrimination Suit by In 1999, the State of Washington and the Department of Corrections paid Travis Sparr $10,810 dollars. Sparr, a double amputee above the knee, resided at Washington State Penitentiary in Walla Walla, Washington, when he was subjected to cruel and unusual punishment(s). …
Washington DOC Settles Retaliation Suit for $815 by In October of 1999, the State of Washington and the Department of Corrections paid Robert James Miller $551.52 and $264.00 in costs. Miller, a prisoner confined at Airway Heights, Washington, filed a civil suit in 1998 alleging that the State of Washington …
Washington DOC Pays $40,000 in Chair Collapse by In 1999, the Department of Corrections and the State of Washington paid Michael Debruyne $40,000. Debruyne, a free citizen of the State of Washington, was employed by Beginning Alliance, a contractor with the DOC providing alcohol and drug rehabilitation counseling at the …
Article • May 15, 2007
Washington DOC Pays $156 for Losing Court Tape by In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and …
Spoliation of Evidence May Imply Liability by A U.S. District Court in Maine held that the spoliation of relevant missing or tampered documents precluded summary judgment, and that certain supervisors were not liable to the estate of a deceased prisoner, but a clinical social worker and two prison guards were …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
Article • May 15, 2007
Texas Jailhouse Lawyer Prohibition Unconstitutional by The United States Court of Appeals for the Fifth District held that a single judge could determine whether or not the Texas DOC's rules and practices prohibiting prisoners from giving or receiving legal assistance from one another, "in habeas corpus and other general civil …
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but …
Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Article • May 15, 2007
Michigan Use of Food Loaf Violates Prisoners' Due Process Rights by The U.S. District Court, W.D. Michigan, Southern Division, held that the use of "food loaf" as punishment even when prisoners' misconduct charges were dismissed, violated their right to due process. The United States brought action against the State of …
Article • May 15, 2007
Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard by Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard In a peculiar and narrow application of a 1994 Supreme Court ruling, the Sixth Circuit affirmed a district court's denial of §1983 relief to a prisoner who was assaulted …
Virgin Island Prison Officials Held in Contempt for Failing to Comply with Conditions of Confinement Orders by The US District Court (D. Virgin Islands) held that Virgin Island Bureau of Corrections (BOC) officials were in contempt of court for not making all reasonable efforts to comply with the court's earlier …
Article • May 15, 2007
Administrative Hearing on Forced Medication Requires Due Process by A federal district court in South Dakota has ordered the Bureau of Prisons (BOP) to conduct again an administrative hearing on whether a prisoner should be forcibly medicated and instructed BOP to guarantee due process to the prisoner in the hearing. …
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