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Frivolous State Litigation by Paul Wright By Paul Wright The court of appeals for the eighth circuit held that a prisoner's demotion from administrative to punitive segregation did not implicate any federal due process liberty interest. We would not normally report this case because it involves no new or novel …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
Americans with Disability Act Applies to Jails by In two separate rulings, federal district courts in Ohio and Michigan held that the Americans with Disabilities Act (ADA) 42 U.S.C. § 12131 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to county jails. Leonard Raufman was imprisoned in the …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Qualified Immunity in Failure to Protect Claim by James Quigley By James Quigley The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
Jury Awards $201,501 to Raped Indiana Prisoner by John Emry By John Emry Graylon Bell was placed in the Plainfield Correctional Facility operated by the Indiana Department of Correction in January of 1994. Shortly after, another prisoner, Grady Vaxter, started hitting on Bell hinting Vaxter was interested in Bell and …
Arizona Holiday Package Decree Modified by In the June, 1997, issue of PLN we reported the lengthy, tortured history of efforts by the Arizona DOC to eliminate holiday packages [On the Edge of Midnight]. The ruling cited in that article, Hook v. State of Arizona, 98 F.3d 1177 (9th Cir. …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
Ohio Prison Doctor Liable in Asthma Death by A federal district court in Ohio held that factual disputes required a trial to determine if Ohio DOC medical staff were liable in the death of a prisoner who died from an asthma attack. Ernest Davis was an Ohio state prisoner with …
Article • November 15, 1997 • from PLN November, 1997
Factual Findings Required in 8th Amendment Suit by The court of appeals for the seventh circuit held that district courts must make clear, specific factual findings when ruling on contested issues relevant to prisoners' constitutional claims. Aaron Isby, an Indiana state prisoner, filed suit claiming his eighth amendment rights were …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • November 15, 1997 • from PLN November, 1997
Washington Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Arizona DOC Contempt Fines Affirmed by In the July, 1996, issue of PLN we reported Hook v. Arizona, 907 F. Supp. 1326 (D AZ 1996) where the court held Arizona DOC officials In contempt for refusing to pay the fees for special masters appointed by the court to oversee implementation …
Article • October 15, 1997 • from PLN October, 1997
No Qualified Immunity for Denial of Exercise by A federal district court in Illinois held that prison officials were not entitled to qualified immunity from money damages for denying segregation prisoners all opportunity for out of cell exercise for one year. McNeal Watts, an Illinois state prisoner, was placed in …
Article • October 15, 1997 • from PLN October, 1997
California Limits Prison Appeals by Willie Wisely Continuing the agenda of the prison guards union, the California Department of Corrections issued a notice of changes to prison administrative regulations governing appeals of conditions of confinement by prisoners. The changes include doubling the time limits prison staff have to respond to …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the fifth circuit held that released prisoners who are indigent need not pay PLRA filing fees. Harry Haynes was a Texas state prisoner released on parole shortly after suing prison officials. Haynes had sought leave to file …
Magistrates Lack Jurisdiction to Impose Contempt Sanctions by The court of appeals for the ninth circuit held that magistrates lack jurisdiction to impose criminal contempt orders, even when the parties have consented to proceed before a magistrate. James Bingman, a Montana state prisoner, filed suit after not receiving adequate dental …
Article • October 15, 1997 • from PLN October, 1997
Released Prisoners Must Pay Filing Fees by The court of appeals for the District of Columbia Circuit held that PLRA fee requirements apply to all federal civil actions and must be paid by prisoners later released from prison. Shortly before being released from prison Peter Smith, a federal prisoner, filed …
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