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Article • May 15, 2007
Sleeping in Raw Sewage States Claim by The court of appeals for the Fifth circuit held, for the second time in this same case, that a Louisiana state prisoner had stated a claim under the Eighth amendment when he was forced to sleep in raw sewage. The appeals court reversed …
Article • May 15, 2007
Section 1983 Proper to Escape Guard Threats by A New York detainee at Riker's Island jail filed a habeas corpus petition seeking a transfer due to threats by jail guards. The district court dismissed the petition. Prisoner then filed a § 1983 suit, which was also dismissed. The court of …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was …
Article • May 15, 2007
Injunction Entered on Jail Isolation Cell by A federal district court in Massachusetts enjoined use of a jail isolation cell due to its inhumane conditions. During a cell search drugs were found in plaintiff's cell. Plaintiff was infracted and placed in hospital isolation for 30 days. The isolation cell had …
NY Prisoner Awarded Damages in Disciplinary Hearing Suit by A federal district court in New York awarded $1,281 in damages to a New York state prisoner whose due process rights were violated at a disciplinary hearing. Defendants refused to investigate plaintiffs claim that marijuana found in his cell was not …
Article • May 15, 2007
Infraction Finding Must State Evidence Relied On by A federal district court in Illinois held that the due process rights of an Illinois state prisoner were violated when the infraction report stated he was guilty of the charged offenses but did not state the evidence relied on for that finding. …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Damages and Attorney Fees Awarded in Forced Medication Suit by The court of appeals for the Tenth circuit held that a Utah pretrial detainee's right to due process was violated when he was forcibly medicated with psychotropic drugs. District court entered judgment on a jury award of $100 actual and …
Article • May 15, 2007
Guard Liable for Snitchjacketing by The court of appeals for the Eighth circuit held that Arkansas prison officials were liable for guard provoked attacks on a prisoner. A prisoner filed suit after he was assaulted on three occasions by other prisoners after a guard labeled him a snitch. The prisoner …
Article • May 15, 2007
Medication Verdict Vacated over Witness, Nominal Damages by Medication Verdict Vacated Over Witness, Nominal Damages An epileptic Missouri prisoner sued under § 1983 when guards repeatedly took his epileptic medication. At trial he was awarded $1 in nominal and damages and $1 in punitive damages for the resulting epileptic fits …
Article • May 15, 2007
Louisiana Seg Conditions Unconstitutional by Louisiana state prisoners filed suit claiming that segregation conditions without outdoor exercise and 23½ hours of daily cell confinement were unconstitutional. Plaintiffs also sought injunctions to participate in religious, vocational, educational, and blood plasma donation programs, The district court dismissed the suit under FRCP 12(b)(6). …
Article • May 15, 2007
Habeas Prevents Transfer for Medical Reasons by A New York detainee filed a habeas petition under § 2294 to prevent his transfer to California to face federal charges after being arrested in New York on a California warrant. At the extradition hearing he suffered heart failure. The district court dismissed …
Legal Aid Lawyers Entitled to Fees in Jail Conditions Suit by Idaho jail prisoners filed suit over jail conditions. The jail was a converted house with rat droppings and a leaking sewage pipe in the kitchen, fire hazards caused by lack of exits, no law library access, including items such …
Attorney Fees Deposited in Escrow Due to Defendant Intransigence by Florida jail prisoners successfully challenged unconstitutional jail conditions. The district court awarded $7,506.50 in attorney fees for post judgment work done to monitor the injunction and ordered the money deposited into a court escrow account due to the defendants' unwillingness …
Article • May 15, 2007
RI Jail Liable for Attorney Fees by After winning a jail conditions lawsuit, the district court awarded Rhode Island jail detainees $115,483.79 in attorney fees and costs. The defendants appealed, arguing actual lawyer fees should be used to compute fees, not the market rate. The court of appeals for the …
City Liable when Informant Killed by City Liable When informant Killed A prisoner's wife sued the Muskogee, Oklahoma city/federal jail under § 1983 for failing to protect her husband, an informant killed by jail prisoners. Plaintiff's husband was convicted but not yet sentenced. Case went to trial and jury awarded …
Article • May 15, 2007
Second Hand Smoke Exposure States Claim by A Kansas state prisoner filed suit alleging violation of his Eighth amendment rights after being exposed to second hand smoke (AKA environmental Tobacco Smoke, FTS). The district court awarded summary judgment to the defendants. The court of appeals for the Tenth circuit affirmed …
Article • May 15, 2007
Prison Rules Require Adequate Notice, Supervisor Liable in Disciplinary Appeals by A Maryland state prisoner sued under § 1983 challenging the lack of notice of prison rules and no prison appeal procedure. He was infracted for possessing contraband, anything not issued by the prison, for having a pair of jeans …
Article • May 15, 2007
Overcrowding Ills Described by A federal district court in Missouri amended its previous order at 602 F. Supp. 476 (ED MO 1984) which limited overcrowding in a Missouri jail. Court gives a good discussion on the community's responsibility for pretrial detainees and the destruction of confidence in the criminal justice …
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