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Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Article • May 15, 2007
Prisoner's Suit Over Unsanitary Meals States Claims by The U.S. District Court for the Northern District of Illinois held that a prisoner's claims under 42 U.S.C. §1983 and state law were sufficient to withstand a motion to dismiss. Nartin Drake, a prisoner at the Cook County Jail, brought actions under …
Article • May 15, 2007
New York: Nassau County Settles With Assaulted Prisoner For $98,500 by On February 27, 2001, Nassau County, New York, settled with a former prisoner who had been assaulted by another prisoner for $98,500. While imprisoned in the Nassau County Correctional Facility on a 90-day sentence for DUI, plaintiff Darrin Rydberg …
Article • May 15, 2007
New York: State Liable For Damages In Prisoner's Fall by On June 6, 2003, the Court of Claims, Rochester, held that the State of New York was liable for injuries a prisoner sustained when he slipped and fell in water that leaked onto his cell floor from the shower. Gary …
Article • May 15, 2007
New York: State Liable In Prisoner Assault, Prisoner Awarded $250 by On July 2, 2003, the Court of Claims, Rochester, held that the State of New York was liable in a prisoner assault and awarded the prisoner $250. Anatolis Fominas, a prisoner at the Wende Correctional Facility in Alden, New …
Texas: Sexually Assaulted Boot Camp Prisoners Awarded $2,800,000 Against CSC by On December 12, 2001 three former female prisoners who claimed they were sexually assaulted while imprisoned in a privately operated boot camp in Mansfield, Texas were awarded a total of $2,800,000 against the camp's operator. Plaintiffs, Keri Echols Chattha, …
Preliminary Screening Required Prior to Double Ceiling by A federal district court in Maryland has held that the failure to have in place procedures to identify special problems with and review the compatibility of cellmates is a constitutional violation of prisoners' rights to have reasonable care exercised to protect them …
Pulaski County Jail Ordered to Clean Up or Quit by The United States District Court for the Eastern District of Arkansas ordered the Pulaski County Jail to bring jail conditions up to federal constitutional standards or terminate the operation of the facility. The jail detainees sought declaratory judgment and preliminary …
Article • May 15, 2007
$350 Awarded New York Prisoner for Assault by A New York Court of Claims has awarded Five Points Correctional Facility prisoner Arnold Fordham $350.00 for injuries he received from an assault by his cellmate. Fordham's suit alleged prison officials were aware of the threat his cellmate raised and failed to …
Alabama Segregation Mail Ban, Conditions, Unconstitutional by The Fifth Circuit Court of Appeals held that conditions of segregation and prohibitions of mail receipt by segregation prisoners at the Holman Unit of the Alabama State Penitentiary were unconstitutional. This appeal was consolidated to include several actions filed by prisoners alleging unconstitutional …
D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
California: Guard Hit by Contractor Awarded $405,242 for Knee Injury by On December 22, 2000, a California superior court awarded a prison guard $405,242 for a knee injury he sustained when he was hit by a prison contractor's vehicle. On February 4, 1999, plaintiff Steven Churchill was working as a …
Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims by Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims The Colorado Court of Appeals reversed the dismissal of a man's state law and § 1983 claims against the Sheriff of Arapahoe County and four deputies for …
Texas: State Court Erred In Dismissing Prisoner's Federal Claims by The Texas Supreme Court held that it was error for a state district court to dismiss for lack of jurisdiction a prisoner's federal claim against prison guards. Dan Thomas, a Texas state prisoner, was allegedly injured during transfer to another …
Article • May 15, 2007
Fifth Circuit Denies Rehearing in Pugh v. Locke/Newman v. Alabama by The court of appeals for the Fifth Circuit denied en banc review of a class-action suit Alabama prisoners that challenged the conditions of confinement in Alabama state prisons. The ruling on the merits declaring the conditions unconstitutional and consolidated …
Article • May 15, 2007
Fifth Circuit Upholds Refusal to Modify Ruiz Consent Decree by The court of appeals for the Fifth Circuit upheld a district Court ruling denying Texas prison officials' motion to modify prison conditions consent decree. Citing an unexpected, sharp rise in prisoner admissions, to the Texas prison system the defendants in …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Texas Prison Officials Held in Contempt in Prison Conditions Case by A federal district court Texas held Texas prison officials in contempt for procrastinating in implementing court-ordered prison reforms. The district court held that prison officials had deliberately ignored the court's orders in the following areas of controversy: (1) the …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Pervasive Risk of Harm Violates Eight Amendment by The Third Circuit Court of Appeals has held that a prisoner stated an Eighth Amendment claim for prison official's deliberate indifference to a pervasive risk of harm. The Pennsylvania prisoner alleged that he had to live day in and day out with …
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