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Article • May 15, 2007
Female Guards Can Observe Naked Male Prisoners by The court of appeals for the Ninth circuit held that no constitutional right was violated by a California prison policy/practice of allowing female guards to routinely view naked and partially naked male prisoners showering, dressing, being strip searched and using the toilet. …
Exposure to Cold, Elements and Denial of Religious Activities States Claim by The court of appeals for the Fifth circuit held that a district court wrongly dismissed as frivolous a lawsuit by Texas prisoners claiming they were exposed to bitter cold, rain and wind through broken windows in the segregation …
Article • May 15, 2007
South Dakota Prisons' Conditions of Confinement Are Unconstitutional by The U.S. District Court for the District of South Dakota, in a class action suit, found that the totality of conditions at the South Dakota State Penitentiary (SDSP) and in the Women's Correctional Facility (WCF) were so bad as to violate …
Article • May 15, 2007
Eighth Circuit Reverses South Dakota Prison Conditions Decision on Double Celling by The U.S. Eighth Circuit Court of Appeals, sitting en banc, reversed the U.S. District Court of South Dakota on the district court's order to end double celling at the South Dakota State Penitentiary (SDSP). Two classes of prisoners …
Sixth Circuit Reverses Summary Judgment on Prison Rape Case by The U.S. Sixth Circuit Court of Appeals reversed and remanded a district court's grant of summary judgment to Michigan prison officials in a suit brought by a prisoner claiming that officials were deliberately indifferent in allowing him to be raped …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Punitive Damages Can Be Awarded in § 1983 Claim by Punitive Damages can be Awarded in § 1983 Claim The Eighth Circuit Court of Appeals affirmed a jury verdict of the United States District Court of the Western District of Missouri in favor of an assaulted prisoner. The court also …
Article • May 15, 2007
Eighth Circuit Reverses Summary Judgment in Failure to Protect Claim by The U.S. Eighth Circuit Court of Appeals has reversed the District Court for the Western District of Missouri on that court's grant of summary judgment to a prison captain in a prisoner's failure to protect claim. Michael Cleaver, a …
Attorney Fee Award in New Jersey Jail Case by The U.S. District Court for the District of New Jersey held that Cape May County Jail prisoners, who won a consent decree in a jail conditions case, were the "prevailing parties" for the purpose of an attorney fee award under the …
Article • May 15, 2007
Sixth Circuit Upholds $54,750 ETS Damage Award by The Sixth Circuit US Court of Appeals upheld the district court's bench trial findings of fact and law, $54,750 damages award and $51,786 attorney fees award in a state prisoner 42 U.S.C. § 1983 civil rights suit claiming injury from environmental tobacco …
Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict by Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict Upheld The Fourth Circuit Court of Appeals held a district court properly applied a subjective and objective test to determine a defendant's good …
Article • May 15, 2007
No Liability for Jail Bunk Assignment Policy by The Seventh Circuit Court of Appeals held that prison officials cannot be liable for an unfortunate random act of violence. This action was filed by a pre-trial detainee at Indiana's LaPorte County jail, alleging jail policy resulted in his being attacked by …
Denial of Class Certification in Pennsylvania Conditions Suit Reversed by The Third Circuit Court of Appeals has held that a district court properly denied three prisoners' Eighth Amendment claim of unconstitutional conditions at the State Correctional Institute at Graterford, Pennsylvania, but erred in denying class certification and ruling on the …
Article • May 15, 2007
Denial of Orthopedic Shoes for 21 Months Defeats Summary Judgment by An Oregon federal district court has held that prison officials at the Snake River Correctional Center could be liable for delaying adequate treatment of a prisoner's spastic paralysis, which resulted in a chronic case of claw foot. The prisoner, …
Eighth Circuit Denies Police Board Sovereign Immunity; Upholds ADA/RA Damages by The Eighth Circuit Court of Appeals, in a case that may have implications for arrestees and prisoners nationwide, has denied Eleventh Amendment sovereign immunity protection to a state-created police board and, splitting with the Sixth Circuit, has ruled that …
Article • May 15, 2007
Diabetic Prisoner Entitled to Special Diet by A New York federal district court ordered prison officials at the Green Haven Penitentiary to transfer a "brittle diabetic" to a facility equipped to provide his physical and dietary needs, or to insure he is forthwith provided with fully adequate care, including a …
Article • May 15, 2007
Florida Jail Detainee Entitled to Clean Cell, Medical Diet by A Florida Federal District Court held a pretrial detainee at the Monroe County Jail stated claims for unconstitutional conditions and medical treatment in his 42 U.S.C. § 1983 action. The matter was before the court after the magistrate judge recommended …
Article • May 15, 2007
Dismissal of Jail Overcrowding Suit Affirmed on Appeal by Affirming the U.S. District Court of Oklahoma's decision, the Tenth Circuit Court of Appeals held that a prisoner's complaint that jail overcrowding caused his injuries was properly dismissed. Lavoy L. Stevenson was a prisoner at the Oklahoma County Detention Center (OCDC). …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
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