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Article • January 15, 2002 • from PLN January, 2002
Denial of Clothing to Arrestees States Claim for Relief; Suit Settles for $31,500 by A Michigan Federal District Court has ruled that arrestees detained in a city jail without any clothing or covering for between six and eighteen hours as a suicide prevention method, with limited exposure to viewing by …
Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally by The court of appeals for the Fifth Circuit has held that the issue of whether Louisiana violated the Equal Protection Clause by treating female prisoners more favorable than male prisoners cannot be resolved at the motion to …
Male NJ Guard's Sexual Harassment Suit Settled for $425,000 by On December 6, 1999, the New Jersey Department of Corrections agreed to pay $425,000 to Mid State Correctional Facility employee Thomas Ferri, 55, to settle his sexual harassment suit against the prison. Ferri, an internal affairs investigator at the prison, …
New Jersey Guard Wins $3.75 Million Harassment Suit by On May 27, 1999, a Burlington county jury in New Jersey ruled in favor of prison guard Robert Lockley Jr. and awarded him $3.75 million in damages. Lockley, 39, a guard at the Mid State Correctional Facility in Ft. Dix, New …
Prisoner Strip Search Warrants Fourth Amendment Analysis by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also …
Gender Motivated Violence Act by In the December, 1994, issue of PLN we reported the enactment of the Gender Motivated Violence Act (GMVA), 42 U.S.C. § 13981 and suggested that prisoners and their attorneys consider using it in civil litigation for money damages. To date it does not appear that …
Qualified Immunity for Strip Search by In the July, 1994, issue of PLN we reported Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1993) which reversed dismissal of a Muslim prisoner's suit claiming violation of his religious rights when guards of both sexes could see him naked. On remand the …
Cavity Search in Public States Claim by The court of appeals for the tenth circuit held that strip searches by members of the opposite gender may violate the fourth amendment. Willie Hayes, a Colorado state prisoner, filed suit claiming his fourth, eighth and fourteenth amendment rights were violated when he …
Okay for Guards to View Naked Prisoners by The court of appeals for the seventh circuit held that it is constitutionally permissible for female guards to routinely view naked male prisoners. Albert Johnson, a pretrial detainee in the Cook County (Chicago) jail, filed suit claiming that female guards monitoring male …
Cross Gender Strip Searches Illegal by David Canedy is a Wisconsin state prisoner. He filed suit claiming that during a shakedown of his housing unit female guards strip searched him, causing him embarrassment, humiliation and mental distress. Male guards were readily available and could have conducted the search. He also …
Lack of Shower/Bathroom Curtains Violate Privacy by Douglas Arey is a Maryland State prisoner. While at a recently built pre release center he complained that the lack of shower curtains and bathroom partitions, which allowed female guards to observe his genitals, violated his right to privacy. Prison officials took no …
Prisoners Retain Right of Bodily Privacy by Male Georgia state prisoners filed suit concerning the assignment of female prison guards to prison living units. The prisoners claim that the female guards act unprofessionally when they view male prisoners in their undershorts, showering and using the toilet. They claim that the …
Article • July 15, 1993 • from PLN July, 1993
Men in Prison: A Review by Paul Wright Generally, whenever we review publications in PLN we give you a brief synopsis of their highlights and ordering information. That is because as a newsletter we lack the space to do much more than this. Occasionally a publication will come along that …
Outside Strip Search Constitutes Excessive Force by Michael Cornwell is an Ohio state prisoner. In February, 1987, while in prison in Mansfield, he participated in a sit down strike with 76 other prisoners protesting a cutback in recreation time. Dahlberg, the prison warden, ordered guards to use force to terminate …
Article • November 15, 1991 • from PLN November, 1991
Privacy Right Not To Be Viewed Naked by Opposite Sex Prison Guards by Privacy Right Not To Be Viewed Naked By Opposite Sex Prison Guards A Colorado state prisoner filed suit under § 1983 claiming violation of his rights to due process and equal protection when he was placed in …
Article • June 15, 1991 • from PLN June, 1991
Female Guards Can Pat Search Male Prisoners by Prisoners at a Nebraska state all-male prison brought a civil rights lawsuit complaining that their constitutional right to privacy was violated by pat searches performed by female guards and by female guards observing them nude or partially nude while they showered, used …
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