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Article • May 15, 2007
Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …
Damage Award in Denial of Clothes and Bedding Affirmed by The court of appeals for the Eighth circuit affirmed a district court verdict of $1,400 in favor of a Nebraska prisoner kept in solitary confinement in his underwear with no bedding besides a mattress for 14 days. The court held …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Article • May 15, 2007
Overcrowding Conditions State Claim by The court of appeals for the Ninth circuit held a district court erred when it dismissed an overcrowding lawsuit filed by pro se Hawaiian prisoners for failing to state a claim. Overcrowding, per se, is not unconstitutional. In this case the plaintiffs alleged the negative …
Article • May 15, 2007
Sleeping on Floor Violates Due Process Rights of Detainee by The court of appeals for the First circuit held that a federal pre trial detainee in New Hampshire had stated a claim for violation of his due process not to be punished until he is convicted of a crime when …
Article • May 15, 2007
Consent Decree Modification Standard by Consent Decree Modification Standard Explained The court of appeals for the Fourth circuit, sitting en banc, held that a district court had properly modified a consent decree where Maryland prison conditions remained inhumane. Underlying suit over prison conditions was settled by consent decree, progress was …
Article • May 15, 2007
Jail Vermin States Claim by The court of appeals for the Eighth circuit, sitting en Banc, held that a Missouri jail prisoner had stated a constitutional claim because he was held in a six foot by six foot cell for 72 hours at a time and allowed only one fifteen …
IL Jail Detainee's Conditions and Retaliation Suit States Claim by The court of appeals for the Seventh circuit held that a district court wrongly dismissed an Illinois jail detainee's lawsuit for failing to state a claim. The plaintiff sued the jail alleging high levels of racial and sexual violence, inadequate …
Article • May 15, 2007
Denial of Clothes Upheld by The court of appeals for the Eighth circuit held that making an Arkansas prisoner spend 14 days in his underwear in segregation, when absolutely no penological reason justified the denial of clothes, was constitutional where the prisoner had sheets and blankets and the cell was …
Article • May 15, 2007
Single Case of Food Poisoning Okay by The court of appeals for the Fifth circuit held that a single instance of mass food poisoning in a Louisiana prison did not violate the Eighth amendment. If food poisoning were a regular occurrence there may be a claim. See: George v. King, …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
Expense No Justification for Eighth Amendment Violation by The court of appeals for the Ninth circuit vacated a district court's preliminary injunction on ad seg conditions in four California prisons. The court rejected the "totality of conditions" analysis later adopted by the U.S. supreme court in Rhodes v. Chapman, 101 …
Marion Lockdown Upheld, BOP Must Follow Own Rules by The court of appeals for the Seventh circuit held that the Marion lockdown, started in 1983, did not violate the due process or Eighth amendment rights of prisoners. The ban on group religious services was constitutional as was the denial of …
Article • May 15, 2007
Disparate Treatment of PC Prisoners, Denial of Exercise States Claim by The court of appeals for the Eighth circuit held that claims of disparate treatment of Missouri prisoners in protective custody was not frivolous and stated an equal protection claim. Limiting the PC prisoners to only 45 minutes of outdoor …
Article • May 15, 2007
No Right to Smoke by The court of appeals for the Eighth circuit held that Iowa prisoners have no constitutional right to smoke. No court has held otherwise. Given the rise in suits over exposure to second hand tobacco smoke more states are banning smoking. See: Grass v. Sargent, 903 …
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 …
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