PLRA 'Physical Injury' Requirement Affirmed by In the first published case on this issue, a federal district court in Indiana held that a provision of the Prison Litigation Reform Act (PLRA), requiring "physical injury" before a prisoner's lawsuit can proceed, mandated dismissal of prisoners' claim that they were exposed to …
Disputed Facts Require Trial in Beating Case by The court of appeals for the seventh circuit held that a district court had improperly dismissed a pretrial detainees' excessive force claim. Reginold Dorsey was an Indiana pretrial detainee who filed suit claiming jail guards beat him without provocation during a cell …
Consent Decree Termination by A federal district court in Indiana heard a motion by Lake County officials to dissolve a consent decree governing jail conditions. The motion sought immediate termination of the decree pursuant to 18 U.S.C. § 3626(b)(2) and (3). The court gave an extensive discussion to the history …
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
Habeas Petition Not Mooted by Segregation Release by The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching …
Hill v. Germantown, TN, Plaintiff Consolidated Brief Supporting Fed Damages Claims - Joint and Several Liability in Wrongful Death (1997) IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS GREGORY HILL, et al., Plaintiffs, vs. NO. 70577-9 T.D. CITY OF GERMANTOWN, et al., Defendants. RONALD CROWDER, …
PLRA Applied to Released Prisoners by The court of appeals for the seventh circuit held that appeals filed after the Prison Litigation Reform Act (PLRA) was enacted on April 26, 1996, were subject to dismissal unless a former prisoner paid the filing fees based on the funds he had in …
Moors Settle with Indiana DOC by As a result of more than 15 years of struggle and litigation, the Moorish Science Temple and the Indiana Department of Corrections entered into a settlement agreement stemming from a suit filed by Granville Radford-Bey and Spencer Caldwell-Bey. On August 30, 1996, the Moors …
Disciplinary Finding Must Be Supported by Reliable Evidence by The court of appeals for the seventh circuit held that while only "some evidence" is required to uphold a finding of guilt in a prison disciplinary hearing, that evidence must be reliable. Michael Meeks is an Indiana state prisoner who was …
Indiana Muslim Consent Decree Vacated under PLRA by A federal district court in Indiana applied the Prison Litigation Reform Act (PLRA) to immediately terminate a consent decree judgment governing prisoners' religious rights. In 1982 prisoners at the Indiana State Prison entered into a consent decree with prison officials to settle …
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …
Evidence Required for Disciplinary Sanction, Sandin Questioned by A federal district court in Indiana refused to dismiss a prisoner's habeas corpus petition challenging his disciplinary segregation because it was not clear what constituted a deprivation sufficient to invoke due process. A hearing officer's failure to indicate the evidence relied on …
MCC Settlement Upheld by The court of appeals for the seventh circuit held that a district court properly approved a settlement agreement dismissing a prison conditions class action suit over the objections of numerous plaintiffs. In 1991 prisoners at the Maximum Control Complex (MCC) in Indiana filed suit challenging numerous …
Khalfani Trial Due to Begin by Leonard McQuay, also known as Khalfani X. Khaldun, was due to be released in 1997 from the Indiana prison system. But on December 13, 1994, Khalfani was transferred to the Maximum Control Complex in Westville, under investigation for it allegedly stabbing a prison guard …
Indiana Prisoners Not Entitled to Disciplinary Due Process by In two separate rulings a federal district court in Indiana held that a prison disciplinary hearing committee does not have to provide any form of due process when it sentences a prisoner to long terms of disciplinary segregation. Lorenzo Stone-Bey, an …
Litigants Must Be Given Writing Materials by The court of appeals for the seventh circuit has held that prisoners must be provided with writing materials in order to ensure their right of court access. Such claims are not dependent upon a showing that the underlying claim would have succeeded, only …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
