Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
Transexualism is a Serious Medical Need by The court of appeals for the Seventh circuit held that a district court erred in dismissing, for failure to state a claim, a lawsuit by an Indiana prisoner that he was denied treatment for gender dysphoria (transsexualism). The appeals court held that gender …
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
Cost Bills Must Be Opposed in Timely Manner by The court of appeals for the Seventh circuit held that failure to oppose a bill of costs within the FRCP's time limits waive any objections to the costs. The court held, in this Indiana case, that prisoners per se are not …
Jail Conditions Unconstitutional by Indiana Jail Conditions Unconstitutional The court of appeals for the Seventh circuit held that conditions in an Indiana state prison which housed pretrial detainees in protective custody were unconstitutional. As the plaintiffs had not been convicted of a crime, their claims were properly analyzed under the …
Ban on Hardcover Books Unconstitutional by The court of appeals for the Seventh circuit struck down as unconstitutional an Indiana jail rule banning hardcover books from the jail. Jail officials were not entitled to qualified immunity from money damages. See: Kincaid v. Rusk, 670 F.2d 737 (7th Cir. 1982).
No Right to Funeral Furlough by The court of appeals for the Seventh circuit held that an Indiana prisoner had no right under state or federal law to attend his stepfather's funeral. Furloughs from prison are discretionary decisions by prison officials. See: Merritt v. Broglin, 891 F.2d 169 (7th Cir. …
Prison Mattress Manufacturer Denied PI by The United States District Court for the Northern District of Indiana has denied a preliminary injunction (PI) to a manufacturer of prison mattresses against a competitor. Derby Industries, Inc. manufactures mattresses for prisons. One of its competitors is Chestnut Ridge Foam, Inc. Chestnut Ridge …
Seventh Circuit Requires Notice of Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that prisoners who are not represented by counsel in federal civil rights litigation are entitled to receive notice of the consequences of failing to respond with affidavit to motions for summary judgment …
Seventh Circuit Reverses Summary Judgment in Prisoner's Retaliation Claim by The U.S. Seventh Circuit Court of Appeals has reversed the U.S. District Court for the Northern District of Indiana, in the case of a prisoner alleging retaliation by prison officials. This is the second reversal of the district court in …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 by Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 The U.S. Seventh Circuit Court of Appeals held that denial of physical therapy and pain medication to a paraplegic prisoner stated a colorable constitutional claim under 42 U.S.C. §1983. …
Placing Pre-Trial Detainees in Segregation Requires Due Process by The U.S. Seventh Circuit Court of Appeals, reversing in part the decision of a district court in Indiana, held that a pre-trial detainee cannot be placed in segregation without due process, except for management purposes. James Higgs, a pre-trial detainee in …
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
Seventh Circuit Reverses Habeas Corpus Filed on Habitual Rules Violation by The U.S. Seventh Circuit Court of Appeals has vacated and remanded the dismissal of a prisoner's habeas corpus petition, 28 U.S.C. § 2254, demanding relief from the judgment of the Indiana Department of Corrections (DOC) decision that Montgomery was …
Prison Disciplinary Issues Must Be Raised in Administrative Appeal by Jon Michael Withrow The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for …
No Liability for Jail Bunk Assignment Policy by The Seventh Circuit Court of Appeals held that prison officials cannot be liable for an unfortunate random act of violence. This action was filed by a pre-trial detainee at Indiana's LaPorte County jail, alleging jail policy resulted in his being attacked by …
Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved by Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved The Seventh Circuit Court of Appeals has held that a district court's re-characterization of a prisoner's action was improper. This action was filed …
Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing by Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing The Seventh Circuit Court of Appeals has held that a prisoner is entitled to have live testimony presented at a prison disciplinary hearing, and prison officials' refusal …
