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Article • June 15, 2008 • from PLN June, 2008
North Carolina Agency Liable in Jail Fire That Killed Five Prisoners by The North Carolina Supreme Court has held that the state’s Department of Health and Human Services (DHHS) has a statutorily imposed duty that creates a special relationship to prisoners that makes it liable in a negligence lawsuit. At …
CA Uses Jail Inmate Welfare Funds for Reentry; Expands Early Release for Permanently Disabled CDCR Prisoners by In September 2007, Governor Schwarzenegger signed Senate Bill (SB) 718 into law, which amends penal code § 4025 to permit the use of Inmate Welfare Funds (IWF) collected in eight California counties to …
Article • June 15, 2008
Filed under: Food, News
Taste-Testing Nutraloaf: The prison food that just might be unconstitutionally bad by Arin Greenwood By Arin Greenwood Posted Tuesday, June 24, 2008, at 8:07 AM ET Nobody thinks prison food is haute cuisine, but could it be so bad it's unconstitutional? The question comes up more often than you might …
Article • June 15, 2008
Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case by Numerous guards at the Volusia County (Florida) Department of Corrections (DOC) filed for Workers' Compensation in state court after being exposed to toxic molds while at work. The DOC moved for an order compelling inspection of the guards' homes …
Article • June 15, 2008
Injuries While Attempting to Flee New York Prison Riot Net $132,000 by A New York prisoner who was seriously injured during a riot was awarded $132,000 by the New York Court of Claims. On August 27, 1989, Ronald Duglan, a prisoner at New York’s Cayuga Correctional Facility, was caught in …
Article • June 15, 2008
Kansas Prisoner not Consumer under State Consumer Protection Act by Nathaniel Ellibee, a Kansas state prisoner, sued the vender which provides meals for the state Department of Corrections (DOC) in state court under the state Consumer Protection Act (Act) because the vender wasn't providing kosher meals. The trial court dismissed …
Brief • June 12, 2008
Filed under: Strip Searches, Strip Cells
K.C. v. Nedelkoff, TX, Motion for Classification; Re Tyc Challenge Solitary Confinement and Strip Searches, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS K.C., on behalf of herself and all others similarly situated, et. aI, Civil No. Plaintiffs, Hon. v. Richard Nedelkoff, in his official …
Brown v. Nashua, NH, Complaint, jail wrongful death medical neglect, 2008 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE ----------------------------------------------------------------------X MAUREEN P. BROWN, as Administrator of the ) Estate of CATHERINE A. WADE, ) ) Plaintiff, ) ) ) vs. ) CITY OF NASHUA, NASHUA POLICE DEPARTMENT ) DETENTION SPECIALISTS …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
Summer of Discontent by John Dannenberg by John E. Dannenberg Underlying the purported societal goal of prisoner rehabilitation lurks the reality of what impedes it: systemic violence that defines the adversarial relationship between all men and women behind bars, prisoners and guards alike. Driven by racial animus, drugs, anger, gang …
Ongoing Incompetence by Disciplined Doctor Doesn't Establish Indifference by The plaintiff fell and broke his hip. A nurse concluded that he was merely bruised and didn't need to see a doctor. Three days later he saw a doctor at regular sick call who gave him an ace bandage for his …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
Article • May 15, 2008 • from PLN May, 2008
$56,274 Verdict in Negligent Rhode Island Maintenance Claim by A Rhode Island state jury awarded a prisoner $56,274 for a claim that alleged prison officials failed to properly maintain exercise equipment, which cased the prisoner injury. The action was filed by prisoner James Bernardo, who was imprisoned at Rhode Island?s …
Washington Jail Prisoners Suffer from Overcrowding, Abusive Guards, Inadequate Health Care and Indifferent Politicians by Roger Smith Since the mid-1990s, Washington State jail populations have increased exponentially. Obsolete facilities built decades ago to hold a handful of prisoners are now packed like sardine tins, with as many prisoners sleeping on …
Article • May 15, 2008 • from PLN May, 2008
Texas Prison Health Care: On the Brink of Unconstitutionality, Again by Matthew Clarke by Matt Clarke According to Texas prison healthcare officials, medical care in the state?s prison system is teetering on the brink of becoming unconstitutional. ?We?re toed up to the line. No doubt about it,? proclaimed Dr. Ben …
Alabama DOC Charges Prisoners Unlawful Fees to Cover Budget Shortfalls by Matthew Clarke by Matt Clarke On June 1, 2007, the Alabama Department of Examiners of Public Accounts released an audit report critical of the funding practices of the state's Department of Corrections (DOC). The DOC operates 19 prisons, 10 …
Article • May 15, 2008
Massachusetts DOC Denial of Ramadan Food to Prisoner in Seg Upheld by In an earlier opinion, 44 F.Supp.2d 400 (D.Mass. 1999), the court denied summary judgment to defendants on the request of the Muslim plaintiff, serving 10 years in segregation, that he be provided cereal, peanut butter, etc., three days …
Time Limits in PLRA Modification Motions Applied by A maximum population limit is a prisoner release order However, a request to modify a pre-PLRA order may not be based on the prisoner release provision because the statute says "no court shall enter " (836) The court enjoined the automatic stay …
Sheriff May be Liable for Jail Suicide by The decedent was arrested while drunk and promptly hanged himself in a police holding cell. The plaintiffs settled with the city defendants for $11000, leaving the state defendants in the case. The district court did not abuse its discretion in refusing to …
Article • May 15, 2008
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
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