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Article • May 15, 2007
Kansas: Habeas Corpus Proper Avenue for Prisoner Mistreatment Allegations by The Supreme Court of Kansas held that habeas corpus was the proper avenue for prisoners seeking relief from mistreatment. State prisoners who had been subjected to solitary confinement petitioned separately for writs of habeas corpus alleging, among other things, denial …
Article • May 15, 2007
Imprisoned Idaho Prison Guard Settles Jail Suit in Exchange For Surgery by In 2000, Ed Stevens, a former Idaho State Penitentiary guard, was incarcerated in the Ada County jail on child abuse charges. While incarcerated he was attacked by another prisoner and punched in the face. He suffered a torn …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
7th Circuit Upholds Illinois Prisoner's Segregation, Denial of Outside Exercise by The U.S. Seventh Circuit Court of Appeals held in this case that a prisoner's 70 days in segregation, and the denial of outdoor exercise while there, was not unconstitutional. While imprisoned at the Stateville Correctional Center in Illinois, plaintiff …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Discretionary Exception Bars Federal Tort Claim For Cellmate Attack by A federal prisoner filed a Federal Tort Claims Act complaint alleging the Government was negligent in failing to prevent his cellmate from attacking him. The U.S. Court of Appeals for the Seventh Circuit affirmed an Illinois district court's judgment under …
Supreme Court Defines Religious Rights in Prison by The U.S. Supreme Court ruled that two policies instituted by a New Jersey prison did not violate the First Amendment. Muslim prisoners filed a U.S.C. § 1983 suit alleging a violation of their Constitutional right of free exercise of religion. Two policies …
Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit by Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit The U.S. Supreme Court held that punitive damages are available in § 1983 actions. A prisoner in a Missouri juvenile prison filed a 42 U.S.C. …
Article • May 15, 2007
Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit by Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit The US Court Of Appeals for the Eighth Circuit held that a US District Court did not err in excluding jail standards and …
Article • May 15, 2007
Excessive Violence States Eighth Amendment Claim by Prisoner filed class action suit alleging an excessive level of prisoner- prisoner and staff-prisoner violence at the Correctional Institute For Men (CIFM) in New York City. The district court found (1) that evidence of persistent overcrowding, failure to classify prisoners,. excessive reliance on …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Prisoner Appeals Damages Verdict in Failure to Protect Suit by Michael Darrell Sanders, an Arkansas prisoner, filed a lawsuit in U.S. District Court, Eastern District of Arkansas, in 1992 against the Arkansas Department of Corrections (DOC) and its officials (defendants), for allegedly failing to protect him from attacks by other …
Article • May 15, 2007
Massachusetts: Confinement In Disciplinary Unit Constitutional by The Supreme Judicial Court of Massachusetts held that conditions of confinement in a disciplinary housing unit did not violate prisoners' Constitutional or statutory rights. Plaintiffs, prisoners housed in or previously housed in the department disciplinary unit (DDU) of the Massachusetts Correctional Institution at …
Article • May 15, 2007
Prison Stabbing Violates Eight Amendment by The Sixth Circuit has held that a prisoner's Eighth Amendment rights were violated when he was stabbed to death while prison guards watched and did not render assistance. Prisoner Jerry Fails was working as a janitor at the Tennessee State Penitentiary when he was …
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 …
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