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Prisoner Stated Claim Due Process, Conditions Of Confinement Suit by The U.S. Court of Appeals for the Fifth Circuit held that a Montgomery County, Texas, jail prisoner's pro se §1983 action alleging Eighth and Fourteenth Amendment violations stemming from his confinement in solitary and the conditions thereof stated a claim. …
Article • May 15, 2007
Prisoners Have No Right to Boot Camp by The U.S. Seventh Circuit Court of Appeals held that Wisconsin prisoners excluded from a state "boot camp" program because of their convictions of violent offenses failed to state a claim and their suit was properly dismissed by the district court. Dennis E. …
County Officials Not Liable in Prisoner' Beating by Fellow Prisoner by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Kentucky, held that Ohio County, Kentucky, jail officials were not liable for a prisoner's vicious beating by a fellow prisoner. Sherman Taylor and Charles …
Article • May 15, 2007
Deliberate Indifference Survives Summary Judgment by The U.S. Southern District Court of Ohio determined a prisoner's claim of deliberate indifference should survive summary judgment. Morris Gulett, a white supremacist and pre-trial detainee, was housed in an eleven-man tank in the Montgomery County jail in Ohio. Each prisoner was confined to …
Article • May 15, 2007
Sanction Imposed on Illinois Jail Defendant's Counsel by An Illinois federal district court denied the defendants summary judgment in a detainee's civil rights action and imposed a $100 sanction against one of the defendants for filing a reply brief urging relief in his favor after he learned a material issue …
Article • May 15, 2007
Eighth Amendment Conditions of Confinement Claim Must Show Deliberate Indifference by The U.S. Court of Appeals for the Seventh Circuit held that a new trial was not warranted in a prisoner's §1983 action because he failed to show deliberate indifference by prison officials in his Eighth Amendment claim, and that …
Article • May 15, 2007
Failure to Reattach Severed Ear States Cause of Action by The Second Circuit Court of Appeals held that a doctor may be deliberately indifferent to a prisoner's serious medical needs for failing to sew the prisoner's ear back on after it was cut off. This action was filed by a …
Federal Prisoner Possible Beneficiary in BOP/County Contract by The U.S. Court of Appeals for the Second Circuit held that a prisoner's civil rights suit stated a claim; that the statute authorizing a contract between the Federal Bureau of Prisons and a county to house prisoners did not create a private …
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 …
Article • May 15, 2007
Former Jail Prisoner's §1983 Complaint Reversed to Add Damages by Former Jail Prisoner's §1983 Complaint Reversed to Add Damages The U.S. Tenth Circuit Court of Appeals in a split decision partly reversed an Oklahoma federal district court's grant of summary judgment to a county sheriff, holding that the district court …
$25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored by $25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored On July 9, 2004, the Los Angeles County Claims Board settled a civil rights complaint brought by a juvenile whose court order to house him singly in protective custody …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Article • May 15, 2007
Federal District Court Orders Missouri's Platte County Jail Closed by The United States District Court for the Western District of Missouri ordered the Platte County Jail closed due to substandard conditions. Platte County jail prisoners filed suit under 42 U.S.C. §1983 against the jail, claiming violations of the Eighth Amendment's …
Path Cleared For Construction of Private Pennsylvania Prison by A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was required under the National Environmental Policy Act (NEPA) to either prepare a final Environmental Assessment (EA) or a Finding of No Significant Impact (FONSI) prior to awarding …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed by Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed The Eighth Circuit Court of Appeals held an Iowa District Court did not abuse its discretion when it awarded attorney fees after a jury awarded only nominal …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
Los Angeles County Prisoner Hit With Clothes Settles For $50,000 by On January 2, 2002, Robert K. Moore, a former prisoner in a Los Angeles County (California) jail, settled his claim against the county for $50,000. Moore had alleged he suffered a scrotal hernia when a deputy sheriff hit him …
Article • May 15, 2007
Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody by Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody The U.S. Court of Appeals for the Seventh Circuit held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
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