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Illinois Jail Conditions Suit States Claim by The court of appeals for the seventh circuit held a district court erred in dismissing a pretrial detainee's conditions of confinement suit for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The court also held it was error to dismiss defendants not properly …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict of $10,000 in favor of a prisoner whose cell was opened by a guard in order for him to be attacked by other prisoners. Edward Paulick, an Illinois state prisoner, was …
Lucas v. White, CA, Amended Complaint, Abuse of Inmates, 1997 1 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 2 3 4 LAW OFFICES OF GERI L. GREEN GERI L. GREEN - 127709 368 Hayes Street San …
Hill v. Germantown, TN, Plaintiff Consolidated Brief Supporting Fed Damages Claims - Joint and Several Liability in Wrongful Death (1997) IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS GREGORY HILL, et al., Plaintiffs, vs. NO. 70577-9 T.D. CITY OF GERMANTOWN, et al., Defendants. RONALD CROWDER, …
Brief • May 17, 1997
Wright v. Ducharme, WA, Settlement Agreement, Segregation Case, 1997
$75,000 Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict awarding a prisoner $75,000 in compensatory damages and $55,262.42 in attorney fees after the prisoner was threatened then beaten by other prisoners. Gregory Pope, an Illinois state prisoner, was threatened …
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
Article • May 15, 1997 • from PLN May, 1997
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict against prison official defendants finding that they were deliberately indifferent to a prisoner's safety by leaving him in a cell with a mentally ill prisoner who later tried …
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
Article • May 15, 1997 • from PLN May, 1997
Guard Tower Scam by A.L. In the January PLN, Paul Wright described the ordeal of the guards' union in Washington state successfully fighting the DOC's effort to reduce staffing of the guard towers in Washington's prisons. While it's clear that the public-employee unions representing turnkeys fight tooth-and-nail to keep positions …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
PLRA Consent Decree Termination Provision Unconstitutional by A federal district court in Michigan held that provisions of the Prison Litigation Reform Act (PLRA) calling for the immediate termination of consent decrees where no findings of constitutional violations were made by the court, was unconstitutional on several grounds. The PLRA created …
Philadelphia Fined for Degrading City Prisons by A Philadelphia common pleas court panel fined the city $2.2 million for "degrading" conditions in the city's prisons. The judgment, passed down by a three judge panel in early October, 1996, was accompanied by a contempt of court citation for the city. The …
Prisoners Retain Right to Safety by The court of appeals for the second circuit held that a district court erred in dismissing a prisoner's failure to protect claim on the basis that the prisoner could not name his attackers beforehand. The court also held that district courts cannot resolve conflicting …
Double Celling States Eighth Amendment Claim by The court of appeals for the third circuit set forth the conditions under which double celling will violate the eighth amendment. The court also held that segregation prisoners are entitled to legal assistance to present their claims to the courts. Several New Jersey …
Article • April 15, 1997 • from PLN April, 1997
Louisiana Jail Abuse Settlement by Iberia Parish, Louisiana, reached an agreement December 2, 1996, with the U.S. Department of Justice (DOJ) to settle a lawsuit alleging prisoner abuse in the parish jail. The suit was filed by the DOJ in June, 1996, against then-sheriff Errol Romero and then jail warden …
Inadequate Jail Staffing Violates Due Process by The court of appeals for the fifth circuit held that a jail staffing practice that allowed a lone male guard to oversee female detainees could be held to violate due process after a woman detainee was raped by a guard. The court held …
PLRA Applied to Attorney Fees by A federal district court in Michigan held that the Prison Litigation Reform Act (PLRA) required that attorneys representing prisoners be paid a maximum of $112.50 an hour. Hadix v. Johnson is the long running Michigan class action suit. After prevailing in the district court …
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