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Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
Article • May 15, 2007
Filed under: Eighth Amendment, Juveniles
Arrestees' Kansas Jail Conditions Suit Dismissed by The five plaintiffs were arrested for planning to shoot up the local school, and spent from 11 to 27 days in jail. Eventually the charges were dismissed after they said they were just kidding. The constitutional standards for pre-trial detention conditions are the …
South Dakota Juvenile Strip Searches Enjoined by Former juvenile detainees challenged the policy of strip-searching all juveniles admitted to the detention center regardless of the nature of their charges or the existence of reasonable suspicion. The policy is unconstitutional. An expert's conclusions that the policies and procedures were "neither unconstitutional …
Article • May 15, 2007
Turner Applied to Some Juvenile Prisoner Strip Searches by The plaintiffs, parents of two female children, challenged the lawfulness of strip searches in juvenile detention centers, which contain persons awaiting trial following arrest for serious juvenile offenses, or for less serious offenses if the parents refuse to take the child …
Article • May 15, 2007
Filed under: Restraints, Juveniles
No Immunity for School Official Taping Second Grader's Head to Tree by "The facts are not complicated." A school vice principal taped a second-grade student's head to a tree as punishment, releasing him after five minutes when a fifth-grade student said she didn't think he ought to be doing that. …
Settlement Reached In Indiana Juvenile Conditions Of Confinement Action by On February 8, 2006, the Indiana Department of Corrections (IDOC) reached a settlement agreement with the United States Department of Justice (DOJ) regarding conditions of confinement of juvenile prisoners at Logansport Intake/Diagnostic Facility and South Bend Juvenile Correctional Facility. The …
Children Have No Right to Protection from Abuse by State by Minor children sued employees of the state Department of Children and Families for failing to protect them from their stepfather's physical abuse, asserting that the state child welfare statutes create a right to child protective services protected by due …
No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program by No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program The Second Circuit Court of Appeals held a New York youthful, nonviolent prisoner does not have a liberty interest to remain in a "shock program" …
Dismissal of Suit Against Alabama County for Juvenile Suicide Reversed by The Supreme Court of Alabama held that a circuit court erred when it dismissed a suit against the county stemming from a juvenile's death in county jail. Charles Keeton brought suit against Fayette County on behalf of his juvenile …
Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit by Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit The U.S. Supreme Court held that punitive damages are available in § 1983 actions. A prisoner in a Missouri juvenile prison filed a 42 U.S.C. …
Article • May 15, 2007
Filed under: Medical Expenses, Juveniles
L.A. County Pays $46,752 for Hospitalization of Juvenile Injured During Arrest by by John E. Dannenberg The County of Los Angeles (L.A.) settled a claim brought by St. Francis Medical Center for hospitalization of a juvenile who was severely injured when his car crashed while he was evading arrest. On …
Article • May 15, 2007
Female Staff Removed From CA Youth Living Units by The California Third District Court of Appeal issued a writ of habeas corpus requiring all female staff be removed from the DeWitt Nelson Training Center living units and areas of gymnasium sanitary facilities. Male juvenile detainees were forced to disrobe, bathe, …
Florida Juvenile Detainee Awarded $100,000 for Failure to Protect by The Florida Fourth District Court of Appeal affirmed a jury's award of damages sustained as a result of a sexual assault upon a juvenile detainee at a Department of Health and Rehabilitation Services (HRS) facility. HRS was found liable for …
Article • May 15, 2007
South Dakota Juvenile Detention Center's Blanket Strip Search Policy Unconstitutional by A South Dakota federal district court has held that the strip-searching of juveniles held for minor offenses violates the Fourth Amendment and denied the defendants qualified immunity. This class action suit was brought to challenge institution policies at South …
Article • May 15, 2007
$276,163 Award of Costs and Fees in Iowa Juvenile Detention Case by An Iowa federal District Court, in a pre-PLRA case, awarded $276,163.09 in attorney fees and costs in an action challenging juvenile detention and jailing practices in Webster County, Iowa. The litigation's history can be found at: Hendrickson v. …
Article • May 15, 2007
Filed under: Juveniles
Juvenile Curfew Law Struck Down by The court invalidates a juvenile curfew ordinance insofar as it barred juveniles from being on the streets with parental consent. The court applies intermediate scrutiny to the claim. At 175: "Intermediate scrutiny typically is used to review laws that employ quasi-suspect classifications, . . …
Article • May 15, 2007
Strip Search of Juvenile Prisoner Upheld by The plaintiff, a 16-year-old girl, was sent to a state-approved private facility for juvenile offenders, where she admittedly used more drugs; she and others were observed "acting strangely" and staff told a passing police officer, who stopped in "to assess the situation." They …
Article • May 15, 2007
Michigan 16-Year-Old Properly Jailed and Expelled from School by At age 16, Matthew Daniels was held on murder charges in Michigan's Macomb County Jail. He was housed on a mental ward, away from adult prisoners, without regular exercise or showers. Prior to his arrest Daniels attended an alternative education program, …
Article • May 15, 2007
Filed under: Juveniles
Juveniles Enjoined from Placement in Adult Jails by A federal district court in Oregon entered an injunction in favor of juvenile prisoners and awarded them attorney fees in a lawsuit against the Columbia County Correctional Facility in St. Helens, Oregon. The court held that confining runaway children or children out …
Article • May 15, 2007
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
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