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Retaliation Claim Satisfied by Existence of Major Misconduct Citation

Article • May 15, 2000 • from PLN May, 2000

Filed under: Retaliation for Filing Grievances, Disciplinary Hearings, Retaliatory Discipline, Hygiene Supplies

Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E Dannenberg Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E. Dannenberg The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment …

Exposure to Second-Hand Smoke States Eighth Amendment Claim

Article • May 15, 2000 • from PLN May, 2000

Filed under: Conditions of Confinement, Smoking

Exposure to Second-Hand Smoke States Eighth Amendment Claim by The U.S. Court of Appeals for the Sec-ond Circuit reversed and remanded a district court's dismissal of a New York prisoner's lawsuit which complained of second-hand tobacco smoke. Samuel Davis, a non-smoker, had been a prisoner at New York's Attica Correctional …

No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit

Article • May 15, 2000 • from PLN May, 2000

Filed under: Conditions of Confinement, Failure to Protect (General), Appeals, Qualified Immunity

No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …

No Qualified Immunity for Unsafe Working Conditions

Article • April 15, 2000 • from PLN April, 2000

Filed under: Work, Prison Industries, Prison Labor, Workplace Injury, Work Conditions/Safety, Toxic Fumes/Chemicals, Limitations, Qualified Immunity

No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …

Pretrial Cold Cell Violates Fourteenth Amendment

Article • April 15, 2000 • from PLN April, 2000

Filed under: Exposure to Cold, Clothing, Strip Cells, Bedding, Jail Specific, Civil Procedure, Conspiracy (Civil Procedure)

Pretrial Cold Cell Violates Fourteenth Amendment by Ronald Young A federal district court in Illinois held that a pretrial detainee's alleged exposure to low temperature in a detention cell, while naked and with no alternative means of protecting himself from the cold, supported a claim of inadequate shelter against county …

Denial Of Food and Medicine Supports Eighth Amendment Claim

Article • April 15, 2000 • from PLN April, 2000

Filed under: Medical, Medication, Pain, Food, Supervisory Liability

Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …

Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals

Article • April 15, 2000 • from PLN April, 2000

Filed under: Food, Civil Procedure, Damages, Defenses, Magistrates, Qualified Immunity, Supervisory Liability, Religious Diet, Religious Practices

Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …

AA v. Wackenhut Corrections Corporation, LA, Class Action Complaint, Juveniles Abusive Condition, 2000

Brief • April 3, 2000

Filed under: Conditions of Confinement, Juveniles, Failure to Protect (Juveniles), Juvenile Prisons

AA v. Wackenhut Corrections Corporation, LA, Class Action Complaint, Juveniles Abusive Condition, 2000 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA A.A., A.S. B.J., B.W. and D.S., minor juveniles by and through their Guardian ad Litem, ERNESTINE WILLIAMS; C.B., by and through his Tutor, JANICE SANFORD; and C.C., a major …

Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies