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Supreme Court Holds Double Celling Not Unconstitutionally Cruel and Unusual by The U.S. Supreme Court held that the policy of "double celling" did not constitute cruel and unusual punishment. Prisoners in an Ohio state maximum security prison brought action under 42 U.S.C. § 1983 against state officials alleging that policy …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
No Qualified Immunity For Prison Officials In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that prison officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit and that fact issues precluded summary judgment. Timothy Ryan was arrested for …
Article • May 15, 2007
Monetary Sanctions Against DOC Commissioner Violates Alabama Constitution by The Alabama Supreme Court held that a trial court's imposition of monetary contempt sanctions against the Commissioner of the Alabama Department of Corrections (DOC), in his official capacity, violated Section 14 of the Alabama Constitution. In the early 1990s the Alabama …
Double Bunking, Mail and Visitation Rules, Searches Constitutional by The U.S. Supreme Court held that a jail's practices of "double bunking," barring hardcover books sent by individuals, banning receipt by prisoners of food packages and personal items, requiring prisoners to remain outside their housing areas during searches, and body cavity …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Article • May 15, 2007
Double Bunking Not Allowed In NJ Jail by Public advocate for prisoner's in Monmouth County Correctional Institution filed a motion seeking to modify a previous court order involving prisoner housing. In the original suit a district court found conditions at MCCI to be unconstitutional. The judge subsequently ordered various modifications …
Article • May 15, 2007
District Judge Orders Measures to Ease Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems in classification of …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (jail), had his jaw broken by a prisoner in his cell during a fight. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants …
Article • May 15, 2007
New York Prisoner Awarded $164 For Improper Housing Assignment by In July 1998, a New York court of claims awarded $164 to a state prisoner for emotional distress incurred when prison officials housed him in the infirmary due to a lack of cell space in the prison's special housing unit. …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
Article • May 15, 2007
Judge Revises Previous Order Based On Special Master Report by In response to action filed by prisoners in Monmouth County Correctional Institution, a New Jersey county jail, a district judge ordered various improvements in recreation, visitation and living conditions. The judge also ordered certain facility renovations and set a population …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
State Law Claim Review Standard in Federal Action by The court of appeals for the Fifth circuit held that federal law governs the ultimate issue of constitutional law in this Texas jail case, but state law provisions governing daily jail operations were a state law matter and federal courts do …
Qualified Immunity Defense Waived in Jail Suit by The court of appeals for the Fifth circuit held that Louisiana jail conditions were unconstitutional due to overcrowding, a lack of programs and no outdoor exercise for the prisoners. After a trial finding the defendants liable, the district court, sua sponte, raised …
Article • May 15, 2007
Governor Held in Contempt in RI Crowding Suit by A federal district court in Rhode Island held that the state's governor and director of prisons were in continuing contempt for failing to comply with previous orders to correct unconstitutional prison conditions. Court previously held that prisoners and detainees could not …
Liberty Interests for PC Prisoners Discussed by A federal district court in Missouri held that protective custody Colorado prisoners sent to Missouri to relieve overcrowding in their home state, had a due process liberty interest in being treated the same as general population prisoners in Colorado were. Prisoners alleged deprivations …
NJ Jail Held in Contempt by A federal district court in New Jersey held that the Essex county jail was in contempt for not complying with orders to limit overcrowding and give prisoners outdoor exercise. Court had previously found conditions were deplorable and ordered relief. Court sanctioned jail with $1,476,800.00 …
Article • May 15, 2007
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 …
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, …
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