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One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
Jail Prisoner's Shooting Suit Estopped by Fruad Conviction from Incident by The plaintiff's claim that he was shot in jail by other prisoners is collaterally estopped by his conviction for fraud arising from the same incident (the government's theory being that he staged his own shooting so he could bring …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
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 …
No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Article • May 15, 2007
Filed under: Eighth Amendment, Juveniles
Arrestees' Kansas Jail Conditions Suit Dismissed by The five plaintiffs were arrested for planning to shoot up the local school, and spent from 11 to 27 days in jail. Eventually the charges were dismissed after they said they were just kidding. The constitutional standards for pre-trial detention conditions are the …
Delay in Treating Spinal Injury Survives Summary Judgment by The plaintiff injured himself in a fall, sustaining a spinal cord injury resulting in incontinence and other consequences. At 1221-22: "A delay in providing medical treatment is not actionable unless it is occasioned by 'deliberate indifference which results in substantial harm.' …
Sheriff Not Liable for Hiring Brutal Jail Guards by The plaintiff alleged that he was subjected to excessive force, including a "knee drop" that severed his intestine. He alleged that the Sheriff was deliberately indifferent in hiring the deputy responsible. The deputy had nothing worse on his criminal record than …
Article • May 15, 2007
Jail Not Liable for Understaffing That Results in Suicide by The decedent committed suicide in jail; he was identified as suicidal on intake. He was placed in the "special needs" cell (formerly the drunk tank), which was supposedly monitored every 15 minutes, where he hanged himself. The court grants summary …
New Jersey Jail Conditions Suit Goes Forward by The plaintiffs failed to prove that sleeping on two and a half inch-thick mattresses on the floor for months caused their lower back pain. Lack of pillows did not rise to a constitutional level. Food (459): A complaint based only on the …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
Guards Refusal to Protect MD Prisoner Upheld by The plaintiff said he told a defendant officer that his cellmate was threatening him with assault, and the officer responded, "I don't roll like that. Deal with it." The plaintiff was assaulted and seriously injured. The officer could not be held liable. …
Article • May 15, 2007
No Liability for Assault of Miami Jail Prisoner by The plaintiff was brought to Miami-Dade County for court proceedings, was warned by staff and inmates that he could expect violence because he was from out of the area, so they put him in a blue uniform, which nobody else wore. …
Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
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 …
Raped Texas Prisoner's Federal Claim Overturned, $367,916 Damage Award Reduced by In this case involving a jury award of $367,916.13 to a Texas prisoner who was raped in the Waco City Jail, a Texas appeals court upheld the verdict under the Texas Tort Claims Act (TTCA) but reversed on the …
Article • May 15, 2007
No One Liable for Prisoner Assault by The plaintiff was beaten by other prisoners, was later taken to the hospital, and was placed in a different housing area on his return. He was later attacked by other inmates in a stairwell while returning from the yard. He had requested to …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Challenge to Prison Library Purge Properly Exhausted by Plaintiff challenged prison censorship on the ground that similar books to those he was denied were in the prison library; so they purged the prison library of 21% of its contents, e.g., Sophie's Choice, Myra Breckinridge, and "a number of works by …
Delaware DOC Denial of Medical Diet Suit Proceeds by The plaintiff filed a grievance in September 1998, almost four years before the defendants moved to dismiss for non-exhaustion, and had received no response. There's no futility exception to the PLRA exhaustion requirement. At 602: However, this Court has held that …
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