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Fact Issue of Physical Injury Precludes Summary Judgment
Article • September 15, 1999 • from PLN September, 1999
Filed under: Physical Injury Rule, Excessive Force, Guard Brutality/Beatings, Summary Judgment
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …
Private Prison Denied Wiretap Exception
Article • September 15, 1999 • from PLN September, 1999
Filed under: Cornell Corrections, Administrative Exhaustion (PLRA), Standing, Telephones, Attorney Calls, Telephone Monitoring
Private Prison Denied Wiretap Exception by A federal district court in Rhode Island held that a private jail is neither a "law enforcement" agency, nor a federal Bureau of Prisons (BOP) facility, that would shield it from liability under federal wiretapping statutes, 18 U.S.C. §§ 2510-2520 (the Act). The court …
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
Article • September 15, 1999 • from PLN September, 1999
Filed under: Attorney Client, Civil Procedure, Injunctions, Declaratory Judgment, Death Row, Attorney Visits
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys by Prisoners Have First Amendment Right to Private Conversations With Their Attorneys A federal district court in Pennsylvania held that prisoners have privacy and free speech rights to private conversations with their attorneys. Pennsylvania state prisoners incarcerated on death …
Prisoner Can Attend His Civil Trial at Government Expense
Article • September 15, 1999 • from PLN September, 1999
Filed under: Court Access, Court Appearances, Costs
Prisoner Can Attend His Civil Trial at Government Expense by A federal district court in Maryland held that it would permit a federal prisoner, confined in Pennsylvania, to personally attend his three-day civil rights trial in Greenbelt, Maryland, at government expense. In separate incidents in 1993 and 1994, Anthony Hawks …
DC Circuit Lifts Injunction on BOP Porn Ban
Article • September 15, 1999 • from PLN September, 1999
Filed under: Injunctions, Mail, Sexually Explicit Materials
DC Circuit Lifts Injunction on BOP Porn Ban by In the March 1997 issue of PLN we reported that Congress passed the "Ensign Amendment," prohibiting the use of Bureau of Prisons (BOP) funds to distribute sexually explicit material to prisoners. The BOP adopted regulations defining the terms of the ban …
Tobacco Smoke Exposure Requires Trial
Article • September 15, 1999 • from PLN September, 1999
Filed under: Smoking, Administrative Exhaustion, Immunity/Liability, Supervisory Liability
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Filing Fees (PLRA), Contempt (Civil Procedure), Seizure of Prisoner Funds
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
Seventh Circuit Clarifies Good Faith Appeal Standard, Again
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Filing Fees (PLRA), Appeals
Seventh Circuit Clarifies Good Faith Appeal Standard, Again by In its third ruling on the topic in recent months, the court of appeals for the Seventh circuit attempted to delineate what constitutes a "good faith" appeal under the Prison Litigation Reform Act (PLRA). Aaron Hyche, an Illinois state prisoner, filed …
Kentucky Jail Settles Strip Search Suit for $11.5 Million
Article • August 15, 1999 • from PLN August, 1999
Filed under: Searches, Strip Searches, Arrestee Searches, Damages, Settlements
Kentucky Jail Settles Strip Search Suit for $11.5 Million by On December 23, 1998, the Jefferson county jail in Louisville, Kentucky, settled a class action suit by agreeing to pay $11.5 million to thousands of people who were strip searched after being arrested for minor offenses. The lawsuit and settlement …
CCA Settles Youngstown Suit for $2.48 Million
Article • August 15, 1999 • from PLN August, 1999
Filed under: Corrections Corporation of America/CoreCivic, Systemic Medical Neglect, Strip Searches, Body Cavity Searches, Failure to Protect (General), Attorney Fee Awards, Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Damages, Settlements, Prisoner Property, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
Attorney Fees Must Be Expressly Reserved
Article • August 15, 1999 • from PLN August, 1999
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Settlements
Attorney Fees Must Be Expressly Reserved by The court of appeals for the Eighth Circuit held that a failure to expressly raise the issue of attorney fees during settlement negotiations waives any subsequent claim thereto. This case involves several prisoners, who sued the director of the Nebraska DOC, under 42 …
First Amendment Guarantees Kosher Meals
Article • August 15, 1999 • from PLN August, 1999
Filed under: Food, Injunctions (PLRA), Civil Procedure, State Law Claims, Preliminary Injunctions/TRO's, Religious Diet
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
Frivolous Qualified Immunity Appeals Warrant Sanctions
Article • August 15, 1999 • from PLN August, 1999
Filed under: Workplace Injury, Injury -- Misc., Attorney Fee Awards, Civil Procedure, Frivolous Litigation, Costs, Appeals, Sanctions, Qualified Immunity
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Individual Capacity Claims Not Applicable to RA and ADA
Article • August 15, 1999 • from PLN August, 1999
Filed under: Disabled Prisoners, Civil Procedure, Defenses, Class Certification, Americans with Disabilities Act, Rehabilitation Act, Qualified Immunity
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
Article • August 15, 1999 • from PLN August, 1999
Filed under: Eighth Amendment, Asbestos, PLRA, Physical Injury Rule, Damages
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …
Motive Question Precludes Summary Judgment in Medical Suit
Article • August 15, 1999 • from PLN August, 1999
Filed under: Medical, Injury -- Misc., Summary Judgment, Premises Liability
Motive Question Precludes Summary Judgment in Medical Suit by The U. S. court of appeals for the Eighth Circuit held that the existence of a factual dispute as to whether jail guards and medical staff intended to punish a detainee for requesting medical treatment, precluded summary judgment. While Ronald Davis …
AA Probation Requirement Continues to Violate Establishment Clause
Article • August 15, 1999 • from PLN August, 1999
Filed under: Civil Procedure, Defenses, Probation, Qualified Immunity, Municipal Liability, Drug Treatment/Rehab, Required Religious Programming
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
Article • August 15, 1999 • from PLN August, 1999
Filed under: PLRA, Filing Fees (PLRA), Complaints
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit by The court of appeals for the Second circuit held that district courts must grant leave to indigent pro se litigants to amend their complaints before the suit is dismissed. The suit in this case was filed by a …
Costs Imposed Regardless of Ability to Pay
Article • August 15, 1999 • from PLN August, 1999
Filed under: Civil Procedure, Costs, Class Certification, Seizure of Prisoner Funds
Costs Imposed Regardless of Ability to Pay by The court of appeals for the Sixth circuit held that the Prison Litigation Reform Act (PLRA) allows courts to impose costs on losing prisoner litigants regardless of their ability to pay. The court held that the PLRA overruled prior circuit precedent to …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case
Article • August 15, 1999 • from PLN August, 1999
Filed under: HIV/AIDS, Attorney Fees (PLRA), Excessive Force, Guard Brutality/Beatings, Damages, Costs, Discrimination (Transgender)
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
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