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No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Qualified Immunity Denied in CO Rape Case; Suit Settled for $70,000 by In an unpublished ruling, the Tenth Circuit has denied qualified immunity to prison officials who failed to protect a prisoner from being raped by another prisoner. Marvin Gray, a "large and powerful individual with a violent past," was …
Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …
Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment by Construction Contractor Not Liable Under §1983 for Disabling Fire Safety Equipment A federal district court in Illinois has dismissed a private construction contractor from a suit alleging a prisoner was injured in a fire after the contractor's employees …
DC Prisoners Sue VA Over Restraints by Since 1998, about 1,200 District of Columbia prisoners have been caged at the Sussex II highsecurity state prison in Virginia when D.C. closed its aging Lorton Correctional Complex. On August 29, 2000 a class action lawsuit filed on behalf of those prisoners claims …
Article • January 15, 2001 • from PLN January, 2001
University Cancels Sodhexo-Marriott Contract by Students from Evergreen State College in Olympia, Washington, declared victory August 14, 2000 in a two month struggle to keep a catering company with ties to the forprofit prison industry from taking over the school's food service contract. In July, school administrators announced that the …
Brief • December 19, 2000
Ashman v. Marshall, MA, Complaint, Unsanitary Prison Conditions, 2000 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. _ DENTON ASHMAN, KENNETH BERNSTEIN, FREDERICK CHRISTIAN, STEPHEN DOHERTY, RICHARD EILERTSEN, SCOTT FREZZA, DAMON GENTILE, ROBERT GRADY, CRAIG HOLLIDAY, ANDREW KILBURN, TED OTSUKI, CLINTON RICHARDSON, GEORGE SCHINDLER, MICHAEL THOMPSON, HUNG TROUNG …
Brief • December 19, 2000
Ashman v. Marshall, MA, Complaint, Inhumane Confinement Conditions, 2000 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. _ DENTON ASHMAN, KENNETH BERNSTEIN, FREDERICK CHRISTIAN, STEPHEN DOHERTY, RICHARD EILERTSEN, SCOTT FREZZA, DAMON GENTILE, ROBERT GRADY, CRAIG HOLLIDAY, ANDREW KILBURN, TED OTSUKI, CLINTON RICHARDSON, GEORGE SCHINDLER, MICHAEL THOMPSON, HUNG TROUNG …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
Death as a Salesman: Benneton Ad Campaign Comes to Death Row by Dan Pens By Dan Pens In January, 2000, Italian fashion conglomerate Benetton Group kicked off a worldwide "issue advocacy" ad campaign titled "Looking Death in the Face." The ads, featuring images of death row prisoners, sparked outrage among …
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
$16 Million Agreement to Revamp NJ Prison Mental Health Care by A federal district court in New Jersey has approved a $16 million settlement in a class-action suit against state prison officials for constitutionally deficient prison mental health care. Patricia P. Pearlmutter, assistant professor of clinical law at the Center …
Article • November 15, 2000 • from PLN November, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson $12,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
Article • November 15, 2000 • from PLN November, 2000
County Jail Time Returned to CO Lifers by The Colorado Supreme Court has held that prisoners sentenced to life imprisonment are entitled to presentence confinement (PSC) credits for the time they spent in the county jail before sentencing. Until 1977, life sentences in Colorado were a minimum of ten years …
Article • November 15, 2000 • from PLN November, 2000
Without Running Water by A A Without running Water By David M. Reutter PLN previously reported that Florida's Martin Correctional Institution (MCI) had been evacuated as a result of bad water. [See PLN, May, 2000: Bad Water Causes Florida Prison Evacuation.] That report was based solely upon media reports that …
Ohio Prison Food Contract Sparks Controversy by In 1998 senior officials of the Ohio Department of Rehabilitation and Correction (DORC) were convinced that outsourcing prison food service would be the next great leap forward for Ohio penology. So they bid out a contract for private firms to provide food service …
Article • October 15, 2000 • from PLN October, 2000
No Immunity in Denying Kosher Diet by The court of appeals for the Second Circuit held that fact issues requiring a trial were present in a Jewish prisoner's lawsuit over the denial of a kosher diet. The court also held prison officials were not entitled to qualified immunity from money …
Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix by Ninth Circuit Reverses Madrid V. Gomez, Adopts Martin v. Hadix By Matthew T. Clarke The Ninth Circuit has ruled that the Prison Litigation Reform Act (PLRA) attorney fees caps do not apply to work performed prior to the enactment …
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