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COA Denied; No Due Process Violation in Repeal of Credits by The U.S. Tenth Circuit Court of Appeals denied a state prisoner a certificate of appealability (COA) on a federal district court's denial of habeas corpus relief under 28 U.S.C. §2241, holding that the prisoner's due process rights were not …
Jail Closed Due To Living Conditions, Failure To Comply by The U.S. District Court for the Western District of Pennsylvania ordered the closing of a county jail due to unconstitutional living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate …
Saginaw County Jail Practices Unconstitutional by A Michigan federal district court held that practices and procedures, affecting pre-trial detainees at the Saginaw County Jail are unconstitutional and enjoined them. This is a class action suit that did not challenge the general physical conditions, but the practices and procedures of the …
Article • May 15, 2007
San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined by San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined The Ninth Circuit Court of Appeals held prisoners are entitled to fresh air and exercise, they cannot be subject to wearing neck chains over long …
State Law No Immunity for Attorney Fee Awards by The Ninth Circuit Court of Appeals has affirmed a California District Court's order awarding interest on attorney fees previously awarded, additional fees expended to enforce the first award, and requiring the State Controller to issue an award to the State Treasurer …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
Article • May 15, 2007
Florida: Assaulted Escambia County Prisoner Awarded $1,000,000 by In this case published by the Florida. Jury Verdict Reporter in October 1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who suffered organic brain damage and paralysis after being attacked by another prisoner in an. Escambia County jail. In …
Article • May 15, 2007
Oregon DSU Conditions Unconstitutional by An Oregon federal district court, after trial and personally visiting the Disciplinary Segregation Unit (DSU) at Oregon State Prison, held DSU conditions are unconstitutional. A prisoner confined to the DSU, who gained 60 pounds while in DSU, has a recorded medical history of hypertension, epilepsy, …
Article • May 15, 2007
US Supreme Court Held Prisoners And Mental Patients Have Due Process Right To Be Protected by US Supreme Court Held Prisoners And Mental Patients Have Due Process Right To Be Protected The Supreme Court held that a State's failure to protect an individual against private violence, generally does not constitute …
Overcrowding, Bad Prison Conditions Enjoined by The court of appeals for the eighth circuit held that a district court erred when it dismissed a suit against a an Arkansas county jail. The court held the plaintiffs had presented sufficient evidence of a deficient diet, overcrowding, inadequate excercise, and forced exposure …
Sixth Circuit Affirms Summary Judgment Against Injured Prisoner by The U.S. Sixth Circuit Court of Appeals affirmed summary judgment granted by the U.S. District Court, Middle District of Tennessee, against a state prisoner stabbed by other prisoners. Harvey Hester, a Tennessee prisoner, sued Jack Morgan, warden of the Turney Center …
Environmental, Sanitary Problems Violate Due Process by The U.S. District Court for the Southern District of New York held that certain jail conditions violated pretrial detainee's due process rights. Pursuant to the Prison Litigation Reform Act (PLRA), the New York City Department of Corrections petitioned for immediate termination of consent …
Sixth Circuit Dismisses Tennessee Jail Officials' Qualified Immunity Request by In an unpublished opinion dated October 20, 2004, the Sixth U.S. Circuit Court of Appeals dismissed for lack of jurisdiction an interlocutory appeal challenging a district court's denial of qualified immunity to Tennessee jail officials. While imprisoned in Tennessee's Shelby …
Tenth Circuit Upholds Dismissal Of Utah Prisoner's Conditions Claim by On June 3, 2004, the U.S. Tenth Circuit Court of Appeals held that unsafe conditions in a prison shower area that resulted in a Utah prisoner's slip and fall did not rise to the level of a constitutional violation. State …
Illinois Jail Prisoner Beaten By Gang Members Awarded $775,000 by On July 24, 2003, a federal jury in Chicago, Illinois, awarded $775,000 to a man who was beaten by gang members while imprisoned in the Cook County Jail. Plaintiff Stanley Jones, 57, claimed that on March 7, 1999, CCJ jailers …
Article • May 15, 2007
Wisconsin Prisoner Starved As Punishment Awarded $1.25 Million by Michael Rigby On November 30, 2004, federal jurors in Wisconsin awarded $1.25 million to a state prisoner who was denied hundreds of meals over a 3 to 4-year period. Berrell Freeman, a prisoner serving 58 years for murder, was imprisoned in …
Article • May 15, 2007
NY Prisoner Awarded $350 After Being Assaulted By His Cell Mate by On July 8, 2003, Arnold Fordham was a prisoner at the Five Pounts Correctional Facility in Romulus, New York. After he refused his cell mate a cigarette, the cell mate assaulted him, causing minor injuries to Fordham's back, …
Article • May 15, 2007
$98,500 Settlement in Jail Negligence Suit for Prisoner Beating by Darrin Rydberg filed a civil lawsuit in 1997 against the Nassau County Correctional Center (jail) for $3 million in damages, due to the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter) while Rydberg was …
$98,500 Settlement In Jail Negligence Suit-Prisoner Beating by Darrin Rydberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was incarcerated …
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