CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded by Robert Woodman by Robert H. Woodman On January 9, 2004 the U.S. District Court for the Eastern District of Missouri found that Correctional Medical Services (CMS) and one of its employees, Gary Campbell, D.O., were liable for fourteen (14) months …
Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg Missouri Guards Liable For Refusing Prisoner's Seatbelt Request by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals permitted a 42 U.S.C § 1983 complaint to proceed against five Missouri Department of Corrections (MDOC) transportation guards for …
BOP Medical Detainees Not Subject to PLRA by In a brief per curiam opinion, the court of appeals for the Eighth circuit held that a Federal Medical Center detainee in Missouri was exempt from the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). The …
Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow Prison Mailbox Rule Applies To Civil Rights Complaint by Jon Michael Withrow The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
Missouri Jail Guard Convicted of Urinating on Prisoners, County Settles for $100,000 by The recent sentence imposed on a jail guard exhibits the disparities in physical integrity to which prisoners are entitled. This is revealed upon review of the sentence the guard received for urinating on prisoners and that imposed …
California Has Difficulty Placing First Released Sexually Violent Predator by The California Department of Correc-tions (CDC) released its first civilly committed sexually violent predator (SVP) in August, 2003, after he had "graduated" from seven years of rehabilitation at Atascadero State Hospital (ASH), CDC's lockup unit for SVPs. A large public …
Total Ban on Aryan Nation Mail Too Restrictive by The U.S. Court of Appeals for the Eighth Circuit held that a white supremacy group failed to state a claim as to their recognition as a religious group but that the prison mail policy banning communication with and access to its …
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Expert Testimony Required to Prove Causation by The Eighth Circuit Court of Appeals held that a Missouri prisoner who suffered a stroke after being deprived of medication for hypertension for a month could not recover absent expert medical testimony on causation. Willie Robinson, a sixty-four year old man with a …
Democratic Organization Gives Some Felons Second Chance by America Coming Together (ACT)--a democratic group working to ensure that George W. Bush is not reelected--is employing felons to conduct door-to-door voter registration drives in Missouri, Florida, Ohio, and possibly 14 other states crucial to the November 2004 elections. ACT contends that …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Missouri and Benetton Settle Lawsuit Over Death Row Advertisements by On June 15, 2001, Missouri Attorney General Jay Nixon announced that Italian clothes making company Benetton had agreed to settle a lawsuit filed by the state of Missouri by paying $50,000 to a victims compensation fund. In February 2000, Nixon …
New Missouri Mega-Prison Mothballed by Ronald Young What if they built a prison and nobody came? It's every prison abolitionist's dream come true. Such a reality has unfolded, even if only temporarily, in the rural Missouri community of Bonne Terre. The economic history of Bonne Terre is a familiar one, …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
