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Prison Officials Liable for Double Celling
Article • December 15, 1996 • from PLN December, 1996
Filed under: Prisoner-Prisoner Assault, Conditions of Confinement, Failure to Protect (General), Overcrowding, Injunctions
Prison Officials Liable for Double Celling by In the September, 1996, issue of PLN we reported Jensen v. Gunter , 73 F.3d 808 (8th Cir. 1996) where the appeals court vacated a district court ruling that double celling practices at the Nebraska State Penitentiary (NSP) violated the eighth amendment where …
PI Granted on Winter Clothing Claim
Article • December 15, 1996 • from PLN December, 1996
Filed under: Conditions of Confinement, Exercise, Exposure to Cold, Clothing, Preliminary Injunctions/TRO's
PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …
Iowa DOC Shake-Up
Article • December 15, 1996 • from PLN December, 1996
Filed under: Prison Rebellion, Escapes, Lockdowns, Guards/Staff, Assaults on Staff
Iowa DOC Shake-Up by Michael Brant The Iowa DOC administration under director Sally Chandler Halford is taking a "get tough" position against prisoners. Up for a tough reconfirmation next year by the senate, the director plans to shake-up the whole system in the wake of recent incidents within the Iowa …
Attorney Fees Awarded in Smoking Suit
Article • December 15, 1996 • from PLN December, 1996
Filed under: Smoking, PLRA, Attorney Fees (PLRA), Costs
Attorney Fees Awarded in Smoking Suit by A federal district court in Nebraska awarded a prisoner plaintiff $8,346 in attorney fees and $2,952 in expenses in a suit challenging Nebraska state prisoners' exposure to Environmental Tobacco Smoke (ETS, also known an second hand smoke). This to the first published case …
Louisiana Prison System Back Under Court Supervision
Article • November 15, 1996 • from PLN November, 1996
Filed under: Overcrowding, PLRA, Injunctions (PLRA), Consent Decrees
Louisiana Prison System Back Under Court Supervision by The court of appeals for the fifth circuit affirmed a district court order which vacated a prior order terminating the court's jurisdiction over a consent decree governing the Louisiana prison system. In doing so the appeals court held that the Prison Litigation …
Gas Chamber Found Unconstitutional
Article • November 15, 1996 • from PLN November, 1996
Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Eighth Amendment, Death Penalty
Gas Chamber Found Unconstitutional by The court of appeals for the ninth circuit affirmed a lower court ruling that held the California gas chamber was an unconstitutional form of execution that violated the eighth amendment. In the November, 1995 issue of PLN we reported Fierro v. Gomez, 790 F. Supp. …
WSR Smoking Suit Settled
Article • November 15, 1996 • from PLN November, 1996
Filed under: Conditions of Confinement, Smoking, Settlements
WSR Smoking Suit Settled by In 1991 prisoners at the Washington State Reformatory (WSR) in Monroe, WA, filed suit challenging their forced exposure to Environmental Tobacco Smoke (ETS), AKA second hand smoke. On February 13, 1996, the suit was settled. The essence of the settlement was that WSR would implement …
Macing and Restraints State Eighth Amendment Claim
Article • November 15, 1996 • from PLN November, 1996
Filed under: Injury -- Misc., Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Ohio "Eases" Prison Overcrowding
Article • November 15, 1996 • from PLN November, 1996
Filed under: Conditions of Confinement, Overcrowding
Ohio "Eases" Prison Overcrowding by On June 30, 1996, Ohio had the second- or third-most overcrowded prison system in the country with prisoners packed in at 170.1 percent of capacity. At the stroke of midnight, however, like magic, that figure dropped to 138.3 percent, placing the state eighth or ninth …
State Moves to Lift Federal Court Order at Washington State Penitentiary
Article • November 15, 1996 • from PLN November, 1996
Filed under: Conditions of Confinement, Totality of Conditions, Injunctions
State Moves to Lift Federal Court Order at Washington State Penitentiary by David C Fathi by David Fathi The State of Washington has filed a motion to vacate a long-standing federal court order in Hoptowit v. Ray, which governs conditions at the Washington State Penitentiary at Walla Walla. Whether the …
The Fundamental Right of Self-Defense in Prison
Article • November 15, 1996 • from PLN November, 1996
Filed under: Disciplinary Hearings, Legality of Rules, Failure to Protect (General), Habeas Corpus
The Fundamental Right of Self-Defense in Prison by Robert F Nelson by Robert F. Nelson [Editor's Note: In 1994 the court of appeals for the seventh circuit decided Rowe v. DeBruyn, 17 F.3d 1047 (7th Cir. 1994) which held that an Indiana state prisoner had no constitutional right to self-defense …
Indigents Entitled to Full Credit for Pretrial Detention
Article • October 15, 1996 • from PLN October, 1996
Filed under: Conditions of Confinement, Jail Specific, Good Time, Habeas Corpus
Indigents Entitled to Full Credit for Pretrial Detention by The court of appeals for the tenth circuit held that a defendant who is incarcerated prior to trial due to indigency (unable to afford bail) must be given full credit towards the minimum and maximum sentences he is convicted of. James …
De Novo Review Required of Magistrate's Report
Article • October 15, 1996 • from PLN October, 1996
Filed under: Smoking, Ventilation, Civil Procedure, Magistrates, Qualified Immunity
De Novo Review Required of Magistrate's Report by The court of appeals for the eighth circuit held that a district court's erroneous statement that no objections had been filed to a magistrate's report and recommendation constituted prima facie evidence that the district court did not perform the requisite de novo …
Attorney Fees Awarded for Opposing Motion to Vacate
Article • October 15, 1996 • from PLN October, 1996
Filed under: Conditions of Confinement, Totality of Conditions, Attorney Fee Awards, Consent Decrees
Attorney Fees Awarded for Opposing Motion to Vacate by The court of appeals for the fifth circuit affirmed a district court's award of almost $38,000 in attorney fees to class counsel for opposing a jail defendant's motion to vacate a consent decree. In 1978 prisoners at the Madison County jail …
Fifth Circuit Applies New Standard to Detainee Claims
Article • October 15, 1996 • from PLN October, 1996
Filed under: Conditions of Confinement, Totality of Conditions, Jail Specific, Qualified Immunity, Suicides
Fifth Circuit Applies New Standard to Detainee Claims by The court of appeals for the fifth circuit has significantly weakened the constitutional protections afforded pretrial detainees by adopting a new standard affording significantly less protection than prior supreme court decisions had mandated. Haley Hare committed suicide while in the Corinth, …
Unrest in South American Prisons
Article • October 15, 1996 • from PLN October, 1996
Filed under: Prison Rebellion, Overcrowding, International, Prisoners-International
Unrest in South American Prisons by Brazil On February 3, 1996, a specialized military police unit killed two prisoners and wounded another in a Sao Paulo police station after putting down a rebellion by 127 prisoners protesting a lack of water at the facility. "It's not normal" to shoot protesting …
Parolee's Jail Rights Discussed
Article • October 15, 1996 • from PLN October, 1996
Filed under: Conditions of Confinement, Totality of Conditions, Jail Specific, Parole
Parolee's Jail Rights Discussed by The court of appeals for the fifth circuit addressed, for the first time ever, the question of what rights are retained by a parolee who is charged with a crime and is also held on a detainer. Steven Hamilton was on parole for various sex …
Austin v. James, AL, Settlement, Toilet Facilities, 1996
Brief • September 24, 1996
Filed under: Conditions of Confinement
Austin v. James, AL, Settlement, Toilet Facilities, 1996 rr - çtc 7L MICHAEL A :Ij THE UNITED STATES DISTRICT COURT FOR IWE MIDDLE DISTRICT OF ALABAMA ° NORTHERN DIVISION AUSTIN; al., \\L\ A h' Plaintiffs, Case No. 95-T-637-N VS. JOE HOPPER, Defendant. STIPULATION The plaintiffs have alleged that the toilet …
Asbestos Exposure Violates Eighth Amendment
Article • September 15, 1996 • from PLN September, 1996
Filed under: Work, Prison Labor, Work Conditions/Safety, Eighth Amendment, Asbestos
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type …
NSP Double Celling Order Vacated
Article • September 15, 1996 • from PLN September, 1996
Filed under: Conditions of Confinement, Failure to Protect (General), Overcrowding, Eighth Amendment, Injunctions
NSP Double Celling Order Vacated by The court of appeals for the eighth circuit held that a district court had to reconsider prisoners' double celling claims under the supreme court's ruling in Farmer v. Brennan, 114 S.Ct. 1970 (1994). This case arises from a class action suit filed by prisoners …
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