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New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail by Michael Brodheim On May 28, 2009, a U.S. District Court granted class-action status to prisoners seeking declaratory and injunctive relief for unconstitutional conditions of confinement at the Passaic County Jail (PCJ) in Paterson, New …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
$58,333 Settlement for Transgendered Woman’s Sacramento Jail Assault and Sexual Harassment by California’s County of Sacramento has paid $58,333.33 to settle the lawsuit of Richardo Medina-Tejada, who claimed that as a post-operative transgender male-to-female pretrial detainee at the Sacramento County Jail, she was placed in housing with male prisoners who …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
Article • August 15, 2009 • from PLN August, 2009
Denial of Bedding, Clothes to Florida Prisoner States Claim by Florida’s First District Court of Appeal held that a prisoner’s civil rights complaint alleging that a guard denied him blankets, bed sheets and clean clothing for four-and-a-half months, causing illness and injury, stated a claim that was sufficient to withstand …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Article • January 15, 2009
Ohio Reformatory Liable For Loss Of Prisoner's Property by Bob Williams Ohio State prisoner Harmony Love sought recovery of the value of personal items lost by the Ohio Reformatory for Women (ORW). The court awarded Love $511.62 and assessed court costs against the ORW. Love was incarcerated in the ORW …
Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell by Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell Four former male and female pre-trial detainees sued the Saginaw County, Michigan jail for an outrageous disciplinary policy that forced them to sit in a …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
Article • August 15, 2008
Forcing WV Prisoner to Wear Jail Garb At Sentencing Violates Due Process Clauses by Jeffrey Finley, a West Virginia state prisoner, was convicted of murdering his neighbor. The trial court, believing it had unfettered discretion to make him wear jail clothes at sentencing, denied his request to wear street clothing …
Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional by by John E. Dannenberg PLN has oft reported on the psychologically debilitating conditions at the Wisconsin Department of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules by David Reutter by David M. Reutter South Carolina?s Commissioner of Corrections, Jon Ozmint, has embraced hardcore disciplinary methods to deal with prisoners who violate prison rules. Such punishments include depriving prisoners of food and requiring them to …
California DOC Settles With Mistreated Diabetic Prisoner For $600,000 by The California Department of Corrections and Rehabilitation (CDCR) settled with a prisoner who had sued for failure to properly treat his diabetic condition that eventually resulted in blindness and amputations. The $600,000 settlement included attorney fees and costs. When Daniel …
Article • August 15, 2007 • from PLN August, 2007
Shackling at California Jury Trial, Without Justifying Need, Is Reversible Error by A California state prisoner who was convicted of possessing drugs in his cell had his jury conviction reversed because the trial court had not determined the necessity of his being tried in chains and prison garb. Melvin Simmons, …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
Article • May 15, 2007
Los Angeles County Prisoner Hit With Clothes Settles For $50,000 by On January 2, 2002, Robert K. Moore, a former prisoner in a Los Angeles County (California) jail, settled his claim against the county for $50,000. Moore had alleged he suffered a scrotal hernia when a deputy sheriff hit him …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
$55,503 Settlement for Barefoot California Prisoner by On December 27, 1999, San Francisco County, California, settled for $55,503 a prisoner's federal lawsuit that alleged he was denied footwear for three months while in the county jail and that he was treated with deliberate indifference by jail medical personnel after his …
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