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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 …
Article • May 15, 2007
US Supreme Court Defines Standard For Consent Decree Modification by The US Supreme Court held that the Swift "grievous wrong" standard does not apply to requests to modify consent decrees that come from institutional reform litigation. The flexible standard adopted by the Supreme Court in this case states that a …
Article • May 15, 2007
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
Article • May 15, 2007
$14,000 Tort Claim Settlement In Washington On Smoking Suit by In 1999 the Washington State Department of Corrections settled a tort claim with correctional sergeant, Ladean Ryan for $14,000. In 1995 the plaintiff complained to her supervisor at the Washington Corrections Center in Shelton that she could not work in …
Article • May 15, 2007
$60,000 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $60,000 to a prisoner who was assaulted by other prisoners at Shawangunk Correctional Facility in New York. On 2-19-91 the prisoner was assaulted by other prisoners while handcuffed in the prison yard. …
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