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Article • September 15, 2011
Texas Prisoner States Arguable 1983 Claim by Asserting That He Was Forced to Walk to Shower Undressed in Winter by John Michael Withrow, a Texas state prisoner was forced to walk 400 feet to the shower, wearing only his underwear during the winter months. He filed suit in federal district …
Judge Declines to Terminate Orders Requiring Air-conditioned Housing for Heat-sensitive Prisoners by Brandon Sample New York U.S. District Court Judge Harold Baer, Jr. has declined to terminate a series of orders requiring New York City jail officials to house “heat-sensitive” prisoners in air-conditioned cells when temperatures reach 85 degrees Fahrenheit …
California Prison Officials Pay $10,000 to Settle Prisoner’s Retaliation, Conditions Suit by In April 2010, California state prisoner Charles Chatman accepted an offer of judgment from the defendant prison officials he had sued in federal court for allegedly retaliating against him in violation of the First Amendment because he filed …
Article • February 15, 2011 • from PLN February, 2011
$240,001 Verdict in Boston Jail Beating Suit by Brandon Sample On February 23, 2009, a federal jury returned a $240,001 verdict in favor of a man who was violently beaten by a guard at the Suffolk County House of Correction (SCHC). Rodney Chaney ended up at the SCHC in August …
Deplorable Conditions at Los Angeles ICE Facility Result in Settlement by Brandon Sample Being locked up is bad enough. But imagine being held in a basement without basic essentials like drinking water, clean clothes, the ability to shower, a toothbrush and toothpaste, and medical care. Thousands of immigration detainees in …
Canyon County Jail in Idaho Settles Conditions Suit With Consent Decree and $190,000 in Attorney’s Fees by Brandon Sample On November 12, 2009, Canyon County, Idaho agreed to settle a federal class-action suit against the Canyon County Jail (CCJ) that raised a myriad of claims related to unconstitutional conditions. Filed …
Article • June 15, 2010 • from PLN June, 2010
$1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim by The Wisconsin Department of Corrections paid $1,500 to settle a prisoner’s lawsuit alleging violations of his Eighth Amendment rights by being subjected to cold cell temperatures. Waupan Correctional Institution prisoner Jevon D. Jackson filed a civil rights action for being …
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 …
New Orleans Jail Conditions Found Unconstitutional by Jimmy Franks In June, August and November 2008, the Orleans Parish Prison (OPP) in New Orleans, Louisiana was the target of a U.S. Department of Justice investigation conducted by the agency’s Civil Rights Division. Under the auspices of the Civil Rights of Institutionalized …
Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case by The Fifth Circuit Court of Appeals held that a district court had erred when it dismissed a prisoner’s retaliation-based civil rights suit as de minimis when the prisoner’s alleged injury was exposure to freezing cold for four-and-a-half …
Settlement in Idaho Jail Condition Class-Action Suit by Matthew Clarke by Matt Clarke On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County …
New York City Jail Conditions Still Unconstitutional a Quarter Century Later by After 25 years of litigation, officials overseeing New York City jails are still unable to provide environmental conditions that do not violate the constitutional rights of the pretrial detainees they hold. As such, a federal district court refused …
Court Enforces Settlement Agreement Despite Absence of Confidentiality Clause by U.S. District Judge Joe Billy McDade has ordered the enforcement of a settlement agreement between the State of Illinois and the family of a prisoner who died in his cell due to hypothermia. The estate of Charles Platcher sued Illinois …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
$15,000 Settlement For BOP's Abuse, Conspiracy Against Government Informant by Colorado federal prisoner and government informant, David Merritt, brought a federal tort action against the United States in 1999 after federal guards and officials at the Florence Supermax (ADX) facility conspired to have him killed, violated his constitutional rights and …
Substandard Pretrial Confinement Conditions Justify Downward Sentence Variance by by David M. Reutter A New Jersey federal district court has granted a downward variance to a federal prisoner’s sentence on the grounds that to do otherwise, when considering the pretrial conditions of confinement, would constitute excessive punishment. The court’s ruling …
Massachusetts Jail Conditions Unconstitutional Says U.S. Department of Justice by Gary Hunter A report released by the U.S. Justice Department (USJD), on May 1, 2008, concluded that conditions in the Worcester County Jail and House of Correction (HOC) in Massachusetts violated the constitutional rights of prisoners in its custody. The …
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 …
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 …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
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