Grievance Retaliation Unconstitutional by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that he was retaliated against for using the prison grievance system. Such retaliation is unconstitutional. The case was remanded for further proceedings. See: Wildberger v. Bracknell, 869 F.2d 1467 …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Denial of Visits Based on Race States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's lawsuit that he was denied visits solely because he was black. Case was vacated and remanded for further proceedings. Not a ruling …
Ban on Sharing Literature in Seg Unit Questioned by The court of appeals for the Fifth circuit reversed and remanded the dismissal of a suit by Alabama prisoners in protective custody challenging a segregation rule prohibiting prisoners from giving anything to prisoners in the segregation unit. The court held prison …
AL Jail Injunction Affirmed by The court of appeals for the Fifth circuit affirmed a district court ruling and injunction that the Rouston County jail in Dothan, Alabama, was overcrowded, posed a health hazard to prisoners and did not have a classification system and did not segregate male and female …
Okay to Withhold Water from Prisoner Who Refuses to Work by The court of appeals for the Eleventh circuit held it was permissible for an Alabama prison guard to deny water to a prisoner who refuses to work. Ruling discusses the use of force to coerce prisoner labor. See: Ort …
Snitch-jacketing States Retaliation Claim by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that prison officials had retaliated against him for filing lawsuits by falsely labeling him a snitch. The snitch jacketing exposed him to harm by other prisoners. District court …
U.S. Liable to Victim for Failing to Treat Psychotic Prisoner by The court of appeals for the Fifth circuit held that the United States was liable for the behavior of an untreated, psychotic prisoner who raped and killed three women in Alabama after being released from BOP custody. U.S. was …
Ban on Documentary Evidence in Disciplinary Hearings Struck Down by The court of appeals for the Fifth circuit held that an Alabama prison rule prohibiting prisoners from presenting documentary evidence in their defense at prison disciplinary hearings is unconstitutional. Key to the issue is whether the evidence requested by the …
Exclusion of Sex Offenders from Work Release Upheld by The court of appeals for the Eleventh circuit upheld an Alabama prison policy that excluded violent sex offenders from minimum security, work release and furlough programs. Interesting comment by the court is that few people commit more than one murder in …
Prisoners Have No Absolute Right to Visits by The United State Court of Appeals for the Eleventh Circuit held that a convicted prisoner has no absolute right to visitation. According to the court, family visits are a privilege that is subject to the discretion of the prison authorities, so long …
No Supervisor Liability in Excessive Force Case by The U.S. Court of Appeals for the Eleventh Circuit held that an Alabama district court granting of summary judgment in favor of state prison guards who broke a prisoner's arm was precluded by unresolved issues of material fact. The court further held …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
§ 1983 Suit Improper Remedy for Good Time Loss by The court of appeals for the Fifth Circuit held that it was improper for a prisoner to file a 42 U.S.C. § 1983 action seeking monetary damages, declaratory and injunctive relief that prohibited prison officials from removing, rescinding or suspending …
Alabama Prisoners Assault and Battery Fails After Guard Given Immunity by An Alabama Civil Appeals Court has held that a prisoner submitted sufficient evidence to survive summary judgment on one claim of assault and battery by a guard, but affirmed dismissal of the remaining assault and property deprivation claims. The …
Guards Must have Knowledge of Risk of Harm by The Tenth Circuit Court of Appeals held a prisoner failed to show guards acted with deliberate indifference to a substantial risk of harm when they placed him in a cell with two Latin King gang member prisoners. This action was filed …
US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability by US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability The US Supreme Court held that Municipalities are not qualifiedly immune from suit, and that the appellate courts do not have authority to …
Alabama Sheriffs Entitled to Immunity in §1983 Actions by The U.S. Supreme Court held that Alabama sheriffs were officials of the state rather than the county and therefore entitled to immunity in §1983 actions. An Alabama prisoner who had been sentenced to death had his conviction overturned and subsequently brought …
Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous by Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous The United States Court of Appeals for the Eleventh Circuit held that an Alabama Department of Corrections (DOC) policy of accumulating prisoner mail before dispersing …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
