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Article • May 15, 2007
Nevada Smoking Suit Dismissed by Placing the non-smoking plaintiff in a cell for 42 days with a heavy smoker did not violate the Eighth Amendment, since he suffered only discomfort, irritation, and coughing, and 42 days doesn't pose an unreasonable risk to future health (based on what evidence, the court …
Product Liability Suit by Prisoner Welder Dismissed by The plaintiff alleged that he was forced to weld with thoriated tungsten electrodes, which contain a radioactive substance, as part of his prison work assignment. He also smoked two packs a day for 45 years. The court performs a Daubert analysis and …
No Termination of Rikers Island Conditions Injunction by The court rules on cross-appeals from a decision on a termination motion focusing on environmental health and physical conditions issues. PLRA--Special Masters (43-49): The court monitor, the Office of Compliance Consultants (OCC), is not subject to the PLRA special master provisions because …
Article • May 15, 2007
Okay to Deprive Arrestees of Food and Water for Short Time by Okay to Deprive Arrestees of Food and Water for Short Time Plaintiffs who were arrested and spent "a short time" (unspecified, but the characterization is undisputed) in a police lockup were not subjected to punishment by the failure …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Jail Staff Not Liable for Violating No Contact Order by The female plaintiff had a court order barring Smith, the father of her child, who was in the Marathon, Wisconsin, jail for trying to have her murdered, from having any contact with her. She was then brought to the jail …
Article • May 15, 2007
Trial in Prison Clothes Harmless Error by At 879: "A prisoner may not be compelled to go to trial in prison clothing." But due process is satisfied if there is not actual compulsion; if the defendant doesn't object, he hasn't been compelled, and may also have waived the right to …
Article • May 15, 2007
Guard Union Suit Over Staffing, Overcrowding Dismissed by The plaintiff correction officers' union alleged that staffing reductions increased the likelihood of assaults on staff, depriving them of their right to safe working conditions. The D.C. Jail, the population of which was limited to 1674 by court order, has risen as …
Article • May 15, 2007
Indiana Prisoner Raped By Staff Ordered to Amend Complaint by Since Indiana has a tort claims act, plaintiff's allegation that defendants took a watch from him does not state a due process claim. At 972: "Denying an inmate nutritious food may constitute an Eighth Amendment violation, but conditions that would …
Prisoner Attacker Can't Be Sued Under § 1983, Guard Can by Prisoner Attacker Can't Be Sued Under § 1983, Guard Can A prisoner who assaulted the plaintiff did not act under color of state law and the plaintiff's § 1983 claim was therefore frivolous. The plaintiff's claim that she told …
Article • May 15, 2007
Michigan 16-Year-Old Properly Jailed and Expelled from School by At age 16, Matthew Daniels was held on murder charges in Michigan's Macomb County Jail. He was housed on a mental ward, away from adult prisoners, without regular exercise or showers. Prior to his arrest Daniels attended an alternative education program, …
West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Req by West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Requirement The Supreme court of Appeals of West Virginia has held that a prisoner alleging past, current, or imminent physical or sexual abuse is …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
Article • May 15, 2007
Plaintiff's Failure to Protect Claim Dismissed by The plaintiff was assaulted by another prisoner. The fact that the assailant had a violent record did not mean that releasing him to general population was deliberate indifference; he was a life prisoner, meaning prison officials had reason to believe he had an …
Article • May 15, 2007 • from PLN May, 2007
EPA Fines Pennsylvania DOC $37,000 for Air Violations by For a violation of federal environmental laws, the Pennsylvania Department of Corrections (PDOC) has been fined $37,510. That penalty came in a settlement agreement between PDOC and the U.S. Environmental Protection Agency (EPA). The agreement resulted from an administrative complaint for …
Article • May 15, 2007 • from PLN May, 2007
Nevada Prisoner Awarded $18,700 For Retaliation Claim by On October 14, 2005, a federal jury in Nevada awarded $18,700 to a state prisoner who suffered a retaliatory transfer and punishment after he voiced complaints about the prison?s food and grievance procedures. According to the lawsuit, prisoner Phillip Lyons was elected …
Article • May 15, 2007 • from PLN May, 2007
Record Number of Texas Prison Guards Arrested by Matthew Clarke by Matthew T. Clarke It has often been said that it?s hard to tell the cops from the crooks. In Texas this may be true for prison guards as well. In April 2006, the Texas Department of Criminal Justice (TDCJ) …
Kentucky County Settles Prisoner Rape Suit for $1.4 Million by Grant County, Kentucky, has settled with a prisoner who was brutally raped in the county's jail for $1.4 million. The September 1, 2005, settlement was the largest to date in a series of similar lawsuits against the county. The victim, …
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