Prisoners Retain Right Against Self-Incrimination by Coy Phelps is a patient involuntarily committed in a Federal Medical Center (FMC) after having been acquitted of criminal charges by reason of insanity. He filed suit challenging both the statutes allowing his commitment and the conditions of confinement he was subjected to. He …
Guards Have Duty to Protect Prisoners by Oscar Williams is a Missouri state prisoner. He was assaulted and beaten by two other prisoners in his dormitory. The guard on duty at the time, Clarence Davis, witnessed the attack but did not intervene. When Williams attempted to escape his assailants Davis …
Phone Company State Actor for Section 1983 by Milton Griffin-El is a Missouri state prisoner. He filed suit against MCI Telecommunications Corporation and state prison officials over the phone company's practice of announcing to persons called by prisoners that the calls originated from a prison. The court upheld MCI's practice …
Stay of Suit Not Appealable by Oscar Bean is a Missouri state prisoner. He filed suit claiming he was denied due process at a disciplinary hearing accusing him of assault. He sought declaratory relief, damages and attorneys fees. The district court granted the defendants' motion to stay Bean's suit for …
MO Ad Seg Practices Unlawful by Several prisoners at the Missouri State Penitentiary (MSP) filed suit after they were held in administrative segregation (ad seg) for periods ranging between nine and thirty days without a hearing or an opportunity to challenge the information upon which the ad seg was allegedly …
Exposure to Cold Weather States Claim by Ronald Chandler is a Missouri state prisoner. He filed suit claiming that prison officials violated his constitutional rights by providing a dining room too small to accommodate all the prisoners in his housing unit at once; poorly supervising the noisy and chaotic dining …
Nominal Damages in Eighth Amendment Claim Upheld by Rederick Cummings was accused of attempting to rape a prison employee. During the course of "investigating" the rape allegations prison officials beat Cummings several times. Cummings filed suit alleging that the beatings violated his eighth amendment rights. At trial a jury found …
Discipline For Rude Letter Struck Down by Lobester Loggins is a Missouri State prisoner. In 1989 he sent his brother a letter. Pursuant to prison policy a prison mail clerk opened and read the letter, which stated in part that "there's a beetle eyed bitch back here who enjoys reading …
No Right to Unmonitored Mail to Media, Clergy by Astate prison regulation that requires inspection of outgoing mail directed to members of the media and the clergy does not violate inmates' first amendment rights, a majority of the U.S. court of appeals for the eighth circuit recently held. The majority …
Well Established Right to Release From Control Unit by Well Established Right To Release From Control Unit Harvey hall is a Missouri State prisoner. While in protective custody at the Missouri State penitentiary (MSP) Hall was found in possession of contraband and placed in the Special Management Facility (SMF). After …
Destruction of Evidence Allows Adverse Inference by Jerry McCrary-El is a Missouri state prisoner. He filed suit under § 1983 claiming that prison guards used excessive force in moving him to the back of his cell, within the prison's segregation unit, to place a cellmate in his cell. After a …
No Qualified Immunity for Denial of Medical Care by George Cornelious was assaulted and badly beaten in Jefferson City, MO. While receiving treatment at a local hospital he was arrested due to an outstanding warrant. The treating doctor gave the arresting police a head injury monitoring sheet on which to …
Notice of Appeal Filed When Given to Prison Officials by Samuel Hamm is a Missouri state prisoner. While employed as a prison law clerk he claims prison officials threatened and harassed him in retaliation for the performance of his duties. The defendants' conduct included threatening him with administrative segregation, infracting …
DOC Guard Liable for Not Stopping Beating by Roger Buckner is a Missouri state prisoner. He was transported from the Jackson county jail for commitment to the Missouri DOC prison at Fulton. Larry Hollins was a jail guard transporting Buckner. Once at Fulton, Hollins stripped Buckner naked, handcuffed him and …
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 …
