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Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
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
Prisoner's Suit Over Second-Hand Smoke States Claims by The U.S. District Court. D. New Hampshire, held that a prisoner's involuntary exposure to second-hand cigarette smoke constituted punishment for Eighth Amendment purposes and that he stated claims as to denial of a liberty interest without due process and cruel and unusual …
Article • May 15, 2007
$1,140 Paid in Car Crash by Sleeping WA Guard by Sherri L. Ellis' car was hit by a van driven by a guard who had fallen asleep. The accident occurred in the parking lot of the Clallam Bay Corrections Center. Ellis filed a claim with the Washington Office of Risk …
$3,500 Paid for Injuries Sustained in WA Prison Riot by Reginald Halsell, a McNeil Island prisoner, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1995, that resulted in riot that caused death to one prisoner and unspecified serious injuries to Halsell. On September 7, …
Article • May 15, 2007
$32,500 Paid in WA Bus Crash Injury Suit by McNeil Island Correction Center prisoners Juan Cruz, Raynard Gross, and Bounkhong Sengchanh filed suit in Pierce County Superior Court alleging unspecified injuries incurred in a one-bus crash. The suit alleged the Washington DOC failed to safely maintain its buses, properly and …
Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated by Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated The U.S. Sixth Circuit Court of Appeals, vacating a Tennessee federal district dismissal, reinstated a prisoner's civil rights lawsuit against TransCor America for Eighth Amendment violations. Juan Castillo, a …
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 …
§ 1983 Complaint Not Frivolous, Stated Claim, Can Be Amended by The U.S. Court of Appeals for the Sixth Circuit held that a prisoner's civil rights suit was not frivolous, that it stated a claim, and that the prisoner could amend his complaint a third time. Richard Lawler, an Ohio …
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
Oklahoma Attorney General's Opinion Overrides Prison Officials; Court's Jurisdiction to Continue Until Assurance Violation Will Cease by The Tenth Circuit Court of Appeals held that when there is conflicting opinions between the Oklahoma Attorney General and Department of Corrections, the opinion of the Attorney General prevails; further, a district court …
Seven-Day Bread Diet States Eighth Amendment Claim; Dismissal Vacated by The U.S. Second Circuit Court of Appeals, vacating in part a dismissal by the U.S. District Court for the Western District of New York, held that a state prisoner's complaint that his Eighth Amendment rights were violated when he was …
Article • May 15, 2007
$5,040 Awarded in Federal Prison Stabbing by A Georgia federal district court, after a non-jury trial, held the United States Government was liable under the Federal Tort Claims Act in a prisoner on prisoner stabbing. The stabbing was committed by Steve Rollins, a prisoner of the Atlanta Federal Penitentiary, who …
Article • May 15, 2007
Attorney Fees Awarded in Long-Running Jail Class Action Suit by A federal district court in Texas awarded over $2,463,000.00 in attorney fees pending an effective date of the Civil Rights Attorney's Fees in a 15-year old civil rights action brought by prisoners in the Harris County (Texas) jail. Upward adjustment …
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
Dismissal of Assault Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's civil rights suit claiming that a Michigan Department of Corrections (MDOC) official was deliberately indifferent to prisoner safety. Michigan prisoner Prince Varmado-El got into an argument …
Article • May 15, 2007
U. S. Marshals Need Not Transport State Prisoners to Court by The United States District Court for the Eastern District of Pennsylvania issued writs of habeas corpus ad testificandum for five prisoner witnesses to appear in a civil rights action against Philadelphia County Jail officials. The writs instructed the wardens …
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
New York AIDS Patient Jailed in Unsanitary Conditions Wins $1,300,000 by The Plaintiff, a 39-year-old man identified only as Jewell, was arrested by New York City police after a dispute with a tow truck driver in July of 1993. He was placed in a cell where he was exposed to …
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