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No Jurisdiction for Some Qualified Immunity Appeals by The court of appeals for the fourth circuit held that it lacked jurisdiction to hear an appeal by prison officials accused of being deliberately indifferent to the safety of a prisoner where they stood by while he was attacked and stabbed by …
Article • April 15, 1996 • from PLN April, 1996
Arizona's New Tin Horn Dictator by O'Neil Stough The tyrannical rule of Arizona prison director, Sam Lewis, came to an end with his resignation in December, 1995. PLN has previously reported the oppressive tactics employed by Lewis which rolled back many of the gains made by prisoners during the 1960's …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
Brief • April 11, 1996
Goldsmith v. Dean, VT, Settlement, Failure to Protect, 1996 Goldsmith v. Dean illlliU PC-VT-001-002 I. SETTLEMENT AGREEMENT PREAMBLE WHEREAS, on December 13, 1993, the National Prison Project ("NPP") of the American Civil Liberties Union ("ACLIT) brought an action pursuant to 28 U SC § 1331, §§ 1343(a)(3) and (4), §§2201 …
Article • March 15, 1996 • from PLN March, 1996
How Many Times Do We Pay? by Jon Marc Taylor Across the country a litany of political voices have been raised demanding that prisons become tougher. One expediently popular way to achieve this punitive nirvana is to eliminate inmate "perks" such as televisions, weight lifting equipment and coffee pots. The …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
No Specific Intent Required for 8th Amendment Claim by The ninth circuit has held that for prison guards to violate the eighth amendment's ban on excessive force they need only have an intent to cause harm and do not need an intent to harm a specific, individual prisoner. This right …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
Brief • February 22, 1996
Filed under: HIV/AIDS, Overcrowding
Bartkus v. Manson, CT, Settlement Agreement, Prison Overcrowding and AIDS Case, 1996 J3CM rr-.Ol I Bartkus v. Commissioner of Correction illllllll UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT IN RE PRISON OVERCROWDTNG AND AIDS CASES Consolidated Case No. H-80-b06 RICHARD BARTKUS v. COMMISSIONER OF CORRECTION : CIVIL NO. H-80-506 (RNC) …
Article • February 15, 1996 • from PLN February, 1996
BOP Multiple Cell May Violate Constitution by Afederal district court in New York has held that providing prisoners with 29 square feet of living space, per prisoner, in a multiple person cell may violate the constitution's ban on cruel and unusual punishment. Andrew Karacsonyi, a federal prisoner, filed suit because …
Article • February 15, 1996 • from PLN February, 1996
Alaska Overcrowding Fines Increase by In the November 1995, issue of PLN we reported on prison overcrowding in Alaska. In 1981 Alaska prisoners filed a class action suit challenging overcrowding and conditions in the prison system. The prisoners won most of the suit, the key aspect was a court ordered …
Article • February 15, 1996 • from PLN February, 1996
Kidnapping and Extortion, Texas Style by Dan Pens In the dead of the night, they come to your cell. You wake up with a flashlight shining in your face. You hear the rattle of chains. "Roll 'em up, boy... you're goin' for a ride.' The next day you get a …
Jury Awards $39,000 in Texas Scalding by On September 21, 1995, a federal jury in Houston awarded Texas state prisoner Roland Rudd $39,000 in damages against prison guards Robert Bergeron and Leonardo Herrera. The jury found that the Bergeron splashed a pitcher of hot coffee on Rudd's face and refused …
Article • February 15, 1996 • from PLN February, 1996
Weight Lifting Info Available on the Internet by Past issues of PLN have reported on the efforts to halt or curtail weight lifting in prison. Strength Tech, Inc., a supplier to the prison weight lifting industry, has created and dedicated an Internet web site to the issue of prison weight …
Article • February 15, 1996 • from PLN February, 1996
Unrest in NY Prisons by EO E [Editor's Note: New York state's Republican majority legislature passed laws that mandate double bunking of the NYDOC prison system. Most cells in NY state prisons are tiny, a mere 9' x 6'. There is a high incidence of both AIDS and the deadly …
Ohio Update by John Perotti At Mansfield Correctional Institution (MANCI) the warden, Dennis Baker, Major Mack, the Business Manager, and two guards were placed on administrative leave while the FBI and State Highway Patrol (SHP) investigated allegations they accepted gratuities and kickbacks from a prisoner, J. Crow, whom they allowed …
Article • February 15, 1996 • from PLN February, 1996
U.S.P. Lewisburg Lockdown by On November 1, 1995, several prisoners created a disturbance in the mess hall. They took a case of soda pop and barricaded themselves into one of the dorms. They proceeded to construct a cannon, using a cue ball for a projectile. When the riot squad stormed …
Article • February 15, 1996 • from PLN February, 1996
CDC Hobby Shop Ruling Affirmed by In the February, 1995, issue of PLN we reported In Re Yakle , the habeas corpus petition granted by a California state Superior Court which held that Section 3100(a) of 15 California Code of Regulations, required the California DOC (CDC) to establish and maintain …
Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
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