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 …
Private Physician Subject to Section 1983 Liability by Private physicians who show deliberate indifference to prisoners serious medical needs may be sued under 42 U.S.C. § 1983 even though they are not prison employees. With the increased trend of prison systems contracting out prisoner medical care this fourth circuit decision …
VA Jails Sue State Prisons by On 30 January 1995, the sheriffs of Arlington, Alexandria and Richmond filed a lawsuit to force the state to remove its prisoners from their jails. The suit was filed in circuit court in Richmond. It says the Virginia DOC is violating a state law …
VA Guards Indicted in Beatings by In September of 1993 Charles Coates, a prisoner in the Greensville Correctional Center at Jarratt, VA, was handcuffed and shackled when a prison guard lifted him up and slammed him to the floor face first. Coastes says he blacked out and when he awoke …
VA Parole and Good Time Laws Don't Create Liberty Interest by Orillion James is a Virginia state prisoner who filed suit seeking money damages and an injunction ordering prison officials to expunge his records of false educational information that hindered his ability to be paroled. The records in question claim …
State Prisons Subject to RA & ADA by State Prisons Subject to RA & ADA Anthony Torcasio is an extremely obese Virginia state prisoner who is 5' 7" tall, weighs over 460 pounds and has a girth of 78" . He filed suit under 42 U. S. C. § 1983 …
VA Repressive Sentencing Law Results in Uprisings by Dan Pens The feature attraction in this summer's media/political crime-hype circus in Virginia was the coverage of "Proposal X," Republican Gov. George Allen's repressive new sentencing bill. The bill, signed into law by Allen on October 17th, 1994, calls for tougher sentencing, …
Retaliation Suit Requires Trial by Allan Dillon is a Virginia state prisoner who was raped by another prisoner. Lawrence Dury was the Virginia DOC (VDOC) internal affairs investigator assigned to investigate the rape. During a search of Dillon's cell pursuant to the investigation, Dury discovered papers indicating that Dillon was …
4th Circuit Clarifies Eighth Amendment Standard by In the May, 1994 issue of PLN we reported Norman v. Taylor, 9 F.3d 1078 (4th Cir. 1994) in which the appeals court reversed the dismissal of a Virginia jail prisoner's § 1983 suit which alleged that a jail sergeant had hit him …
VA "Men Only" Boot Camp Illegal by In 1990 the Virginia legislature created a Boot Camp Incarceration Program (BCIP) which became effective on January 1, 1991. Those entering the BCIP usually spend 90 days in it followed by a year's probation. Those unable to enter the program, including all women, …
Guard's Attack for Smoking States Claim by Allain Norman was a detainee in the Norfolk County jail in Virginia. While being processed into custody he asked a trusty for a drag off his cigarette. As soon as he began to smoke, jail deputy Otis Taylor ran down the hallway and …
Visitor Cannot Withdraw Consent to Search Once Search Has Begun by Visitor Cannot Withdraw Consent To Search Once Search Has Begun This prison case comes to us via a suppression of evidence hearing in a federal drug prosecution. Arthur Spriggs went to visit a prisoner at the Lorton Reformatory, a …
No Liberty Interest in BOP Ad Seg Rules by Howard Awalt is a federal prisoner. He was placed in administrative segregation (ad seg) pursuant to 28 C.F.R. § 541.22 (a)(8) after prison officials received an anonymous note stating his life was in danger. He filed a Bivens action against prison …
VA Builds More Prisons by A projected 38 percent increase in the states prison population within the next five years has prompted Governor Douglas Wilder to propose a $111.7 million prison construction project. The proposal includes construction of a 1,046 bed women's prison, a 697 bed men's prison, a 100 …
Disabled Executed by On January 19, 1993, the state of Virginia executed Charles Stamper. Stamper had been confined to a wheelchair since his spinal cord was injured in a prison brawl. Stamper was denied permission to walk to the electric chair in leg braces and a walker. Instead, prison guards …
Taking of DNA Samples Violates Ex Post Facto Clause by Virginia state prisoners filed suit challenging Virginia legislation which directs the DOC to take and store blood from prisoners for Deoxyribonucleic acid (DNA) analysis and storage. (DNA is the basic component of living organisms, every human has a DNA blueprint …
Virginia Sets Guidelines for Terminally-Ill Prisoners by Virginia Sets Guidelines For Terminally-Ill Prisoners The state of Virginia has released a policy to handle requests by terminally-ill prisoners for early release. The policy was developed in response to a request by Alex Velazquez, a prisoner at Powhatan Correctional Center, to be …
Prisoner Must Be Informed of HIV Status by Prisoner Must Be Informed Of HIV Status Tyrone McIlwain was a Virginia prisoner who overdosed on heroin and was taken to the Prince William hospital emergency room for treatment. Without his knowledge or consent, blood tests were performed which revealed he was …
Court Upholds Collection of Blood Samples for DNA Data Bank by A federal court has affirmed a Virginia policy of collecting DNA samples from incarcerated felons, saving the practice does not violate the inmates' right to privacy or constitute unreasonable search of seizure. The ruling is believed to be the …
