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Informants Require Reliability Evaluation

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Informants (Disciplinary Hearings)

Informants Require Reliability Evaluation by A federal district court in New York held that an independent credibility assessment must be done before statements from confidential informants could be used in a prison disciplinary hearing. Plaintiff was infracted for stabbing another prisoner at Sing Sing prison. The only evidence against him …

$210,000 Awarded in Tennessee Jail Heat Stroke Death

Article • May 15, 2007

Filed under: Medical, Failure to Treat, Exposure to Heat, Municipal Liability

$210,000 Awarded in Tennessee Jail Heat Stroke Death by A federal district court in Tennessee awarded $100,000 in compensatory and 110,000 in punitive damages to the children of a prisoner who died of heat stroke in the Chattanooga jail in Tennessee. Court held that jail's failure to take remedial action …

Atlanta Jail Conditions Unconstitutional

Article • May 15, 2007

Filed under: Medical, Contagious Disease -- Misc., Overcrowding, Sanitation, Vermin

Atlanta Jail Conditions Unconstitutional by A federal district court in Georgia approved a consent decree against the Fulton county jail in Atlanta, GA, due to inhumane conditions. Court held that medical care was substandard, detainees were exposed to communicable diseases. Due to vermin infestation there was no clean place to …

Prison Officials Liable for Lack of Mental Health Care

Article • May 15, 2007

Filed under: Supervisory Liability, Mental Health, Failure to Treat (Mental Illness)

Prison Officials Liable for Lack of Mental Health Care by A federal district court in mew York held that state prison officials were liable for a policy that housed mentally ill prisoners with those who were not. Officials were also liable, in this class action suit by women prisoners in …

Jim Crow Segregation Laws Illegal

Article • May 15, 2007

Filed under: Racial Discrimination, Civil Procedure, Injunctions

Jim Crow Segregation Laws Illegal by A three judge district court struck down as unconstitutional Georgia statutes requiring the racial segregation of state prisons and local jails. Court also held prisoners lacked standing to demand prisons and jails to hire black staff. Interesting historical description of Jim Crow prisons. See: …

Prisoner Organizers Transferred for Safety from Staff

Article • May 15, 2007

Filed under: Transfers, Threats by Staff, Retaliation for Organizing, Prison Rebellion, Civil Procedure, Injunctions

Prisoner Organizers Transferred for Safety from Staff by The court of appeals for the Fifth circuit affirmed a district court injunction ordering two prisoner activists transferred to another prison for protection from prison staff. The plaintiffs were accused of inciting the burning of prison buildings and that their lives would …

Double Celling Unconstitutional

Article • May 15, 2007

Filed under: Conditions of Confinement, Totality of Conditions, Failure to Protect (General), Fire Hazards, Overcrowding, Eighth Amendment, Ventilation, Plumbing, Sewage, Sanitation, Lighting, Shelter, Laundry

Double Celling Unconstitutional by The court of appeals for the Third circuit affirmed a district court's order, at 719 F. Supp. 126 (WD PA 1989), which held that double celling in Pennsylvania prisons violated the Eighth amendment under a "totality of conditions" analysis. The overall prison conditions consisted of dilapidated, …

Sleeping in Raw Sewage States Claim

Article • May 15, 2007

Filed under: Conditions of Confinement, Sewage, Sanitation, Bedding

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 …

Section 1983 Proper to Escape Guard Threats

Article • May 15, 2007

Filed under: Misconduct/Corruption, Threats by Staff, Habeas Corpus

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

Article • May 15, 2007

Filed under: Notice of Charges, Notice of Hearing, Presence at Hearing, Immunity/Liability, Qualified Immunity, Ad-Seg Hearings

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

Article • May 15, 2007

Filed under: Disciplinary Litigation, Witnesses (Disciplinary Hearings), Notice of Charges, Notice of Hearing, Written Findings, Damages, Immunity/Liability, Qualified Immunity

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 …

Injunction Entered on Jail Isolation Cell

Article • May 15, 2007

Filed under: Strip Cells, Control Units/SHU/Solitary Confinement

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

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Sanctions (Disciplinary Hearings), Prompt Hearings, Disciplinary Strategies, Damages

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 …

Infraction Finding Must State Evidence Relied On

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Notice of Charges, Evidence

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

Article • May 15, 2007

Filed under: Injury -- Misc., Exposure to Cold, Plumbing, Sewage, Water, Sanitation, Bedding, Vermin, Attorney Fee Awards, Damages, Municipal Liability, Police, False Arrest

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

Article • May 15, 2007

Filed under: Attorney Fee Awards, Damages, Immunity/Liability, Qualified Immunity, Involuntary Treatment/Drugging

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 …

Guard Liable for Snitchjacketing

Article • May 15, 2007

Filed under: Retaliation, Snitch Jacketing

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 …

Medication Verdict Vacated over Witness, Nominal Damages

Article • May 15, 2007

Filed under: Medical, Medication, Attorney Fee Awards, Damages, Expert Witnesses

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 …

Louisiana Seg Conditions Unconstitutional

Article • May 15, 2007

Filed under: Conditions of Confinement, Exercise

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). …

Habeas Prevents Transfer for Medical Reasons

Article • May 15, 2007

Filed under: Transfers, Sentencing, Habeas Corpus

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 …