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133 Prisoners Killed in Dominican Republic Prison Fire by A fight between rival gangs for control of a Dominican Republic prison resulted in a fire that killed 133 prisoners. Prisoners caused the blaze by setting ablaze their pillows and sheets. Attempts to rescue them were thwarted by a jammed door. …
Article • May 15, 2007
California Guards Assigned Word Puzzles by California Guards Assigned Word Puzzles to Satisfy Training Requirements California State Assembly Member Rudy Bermudez, himself a member of the powerful prison guards union (CCPOA) while on leave from his prison job to serve elective office, sharply criticized the practice of solving word puzzles …
Attack on White Supremacist Prisoner States Claim by The plaintiff, in a segregation unit, was beaten during his one hour out of cell by another prisoner, and alleged that it must have resulted from an officer's actions, since the cells were supposed to be locked with only one prisoner out …
Article • May 15, 2007
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
2nd Circuit Orders Reconsideration of Non-Exhaustion Defense by The Second Circuit Court of Appeals reversed the dismissal of a Connecticut prisoner's failure to protect action for non-exhaustion of administrative remedies. The district court was instructed to reconsider in light of a series of exhaustion cases that were issued while the …
Nebraska Administrative Remedies Must Be Fully Exhausted Or Dismissal Required by Nebraska State Prisoner Frankie Cole brought suit under § 1983 and the State Tort Claims Act (STCA) for Eighth and Fourteenth Amendment violations for prisoner conflicts, inadequacies in his medical treatment, and incidents arising from such violations. The court …
Children Have No Right to Protection from Abuse by State by Minor children sued employees of the state Department of Children and Families for failing to protect them from their stepfather's physical abuse, asserting that the state child welfare statutes create a right to child protective services protected by due …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Article • May 15, 2007
Jail Clothing Change Process Not a Strip Search by The plaintiff was arrested one night and released the following morning. Both coming and going, she was required to change clothing in a doorless room under the continuous observation of a female jail officer. The defendants argued that their procedure was …
Texas Failure to Protect, Retaliation Claims Dismissed by The plaintiff's injunctive and declaratory claims concerning failure to protect him are mooted by his transfer to another prison. At 522: "A plaintiff-prisoner may avoid dismissal of his equitable claims for mootness if he shows 'either a "demonstrated probability" or a "reasonable …
Article • May 15, 2007
Searches of West Virginia Prisoners Leaving Exercise Yard Upheld by Routine searches upon leaving a recreation yard of high-security segregation prisoners are upheld under Turner. The practice is rationally related to defendants' security concerns of protecting staff from weapons and preventing the exchange of contraband. There are alternative means of …
Article • May 15, 2007
Exposed Toilet in Maine Jail Upheld by The plaintiff alleged that he was placed in a cell where he was in the direct view of female prisoners in another cell when he performed his bodily functions. There is no evidence that any jail staff member knew that this was the …
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 …
Prisons Have Affirmative Duty to Protect Prisoners from Rape by Prisons Have Affirmative Duty to Protect Prisoners From Rape The court of appeals for the Fourth circuit affirmed a Maryland district court's injunction at 449 F. Supp. 473 (D MD 1978) requiring a prison to protect prisoners from sexual predators …
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 …
Article • May 15, 2007
"Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time by "Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time Joining all other circuit courts of appeals that have ruled on the question, the U.S. Second Circuit Court of Appeals ruled that the "imminent danger" exception to the "three …
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 …
$7,500 for Failing to Protect Snitch by The court of appeals for the Seventh circuit affirmed a district court awarding an informant $7,500 in damages after he was assaulted by other prisoners. The prison failed to screen snitch's files. His files were not checked before being placed in Protective Custody, …
Article • May 15, 2007
Guards Liable for Failing to Protect Snitch by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois prisoner's suit that guards were deliberately indifferent to his safety when he was attacked by a cellmate in Protective Custody. Plaintiff had previously assisted …
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 …
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