Sexually Harassing Pat Searches May Be Illegal by Two Missouri state prisoners filed suit against a female prison guard. In their complaint they alleged that for a two month period the guard fondled their crotches during almost daily, routine pat down searches. After they told the guard they wanted to …
Prison Officials Liable for Holding Inmate Past Release Date by Gentry Slone is a Missouri state prisoner. He was sentenced to prison and once in prison his sentencing judge suspended Slone's sentence, effective December 21, 1989, and placed him on probation. The state did not appeal the judges order which …
Nominal Damages Awarded in Prison Rape Case by Four Missouri state prisoners were repeatedly raped by other prisoners. Before and after the rapes they were unable to check into Protective Custody (PC). They filed suit against prison officials claiming the rapes violated their eighth amendment rights. After a trial, the …
Change in IFP Status Does Not Require Fee Payment by Michael Murphy is a Missouri state prisoner who filed suit claiming his religious rights had been infringed by prison officials. At the time he filed suit he earned $30 a month at his prison job and had $53 in his …
Right to Avoid Tobacco Smoke Exposure not Established by In part of the continuing split among the circuits on this issue, some circuits have held exposing prisoners to Environmental Tobacco Smoke (ETS) violates the eighth amendment, see: Hunt v. Reynolds, above. Other Circuits have held it does not. See: Wilson …
Okay to Steal Mail by Two Missouri state prisoners wrote and telephoned US postal officials to complain that prison administrators were "stealing, holding, tampering with, censoring, delaying and destroying" their mail in violation of federal postal laws. The postal officials refused to investigate the prisoners' claims. The prisoners then filed …
Retrial for Damages Alone Appropriate by Tommy Williams is a Missouri state prisoner who was stabbed several times by two other prisoners. Williams filed suit against a guard and several other officials claiming they were deliberately indifferent and acted with reckless disregard to his safety when they knew the prisoners …
Pre-Trial Detainees Don't Have to Work by Jorge Martinez is a federal pre-trial detainee. He filed suit claiming that while he was held at the US Medical Center for federal prisoners he was denied proper medical care for a dislocated shoulder, was force fed after seven days on hunger strike, …
Exposure to AIDS Contaminated Sewage Banned by Prisoners at a Missouri county jail were involved in the large scale cleanup of raw sewage at the jail hospital. The sewage was contaminated with the AIDS virus from AIDS patients in the jail hospital. Prisoners were not provided with protective clothing during …
Medical Treatment Cannot Be Delayed to Coerce Confession by Medical Treatment Cannot Be Delayed To Coerce Confession Wesley Taylor is a Missouri state prisoner who suffered a ruptured appendix. Upon arriving at the prison hospital, vomiting blood and in extreme pain, the prison doctor asked him if he had swallowed …
Due Process Requires Hearing Before Punishment by Keith Brown-El is a prisoner at the Missouri State Penitentiary (MSP). He was infracted for staying in bed during count and staying in the shower too long. He was found guilty at a disciplinary hearing and sentenced to segregation, transferred to another prison …
Infracting Cop Cannot Hear Own Infraction by John Diercks is a prison informant in protective custody (PC) in Jefferson City, MO. While in PC Diercks approached a prison official and asked him to make the urine samples of two prisoners "disappear" in exchange for which Diercks would supply the names …
State May Retain Private Attorneys to Defend DOC by State May Retain Private Attorneys To Defend DOC A Missouri state prisoner filed suit claiming he was denied medical care by prison officials. The state attorney general then contracted a private law firm to represent the defendants prison officials. O'Connor, the …
Prisoner Can Receive Diploma in Mail by Bobby Griffin is a Missouri state prisoner who graduated from a college paralegal course. Upon graduation the college mailed him his diploma and grade transcript. This was rejected by prison officials who claimed prison regulations prohibited prisoners from having original diplomas and transcripts …
Prison Homophobia Challenged by A prisoner in a state prison filed a federal civil rights lawsuit complaining that he was removed from his job as a prison bakery worker because he is a homosexual. The federal trial court, in determining whether the prisoner should be allowed to proceed with his …
Four Cons Die in Missouri Jail Fire by Four Cons Die In Missouri Jail Fire A fire that started in a malfunctioning generator sent thick smoke billowing into the Taney County Jail in Forsyth, MO, last September 14th, killing four prisoners. Thirteen other prisoners were hospitalized for smoke inhalation. The …
Guards Liable for Harassing Searches of Cell by Guards Liable For Harassing Searches Of Cell Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for …
Can't Search Visitor Leaving Prison by Prison officials suspected that an inmate's minor sister had been smuggling marijuana in to him during her regular visits. An officer was posted to watch the inmate and his sister during the next visit. He did not see them pass anything. At the close …
No Warrantless Search of Departing Visitor by No Warrantless Search Of Departing Visitor Prison officials strip-searched a prisoner's sister at the conclusion of a visit because of a suspicion that she was smuggling marijuana to him. Nothing was found. She brought suit under 42 U.S.C. section 1983. The defendant prison …
X-Ray Searches of Prisoners Found Unlawful by X-Ray Searches Of Prisoners Found Unlawful A claim that a x-ray search was ordered by prison security officials without medical authorization was not frivolous. The failure to inquire into the plaintiff's medical history to consider the possible cumulative effect of x-rays, to get …
