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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 …
Prisoner's Assault Claim Must Go to Trial by Prisoner's Assault Claim Must Go To Trial William Moore is a prisoner at the Southern Ohio Correctional Facility (SOCF) in Lucasville. He filed suit under 42 U.S.C. § 1983 claiming that his eighth amendment rights were violated when prison guards came to …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Article • January 15, 1994 • from PLN January, 1994
Court Declines to Define "Frivolous" Suits by Anthony Brown is a Maryland state prisoner. After telling prison medical staff he had already been vaccinated, he was given another tuberculosis inoculation and broke out in a rash. Brown filed suit under §<%0> 1983 claiming that the vaccination violated his eighth amendment …
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 …
Article • January 15, 1994 • from PLN January, 1994
Only One Appeal on Qualified Immunity by Only One Appeal On Qualified Immunity This case involves a taxpayer suing an IRS agent claiming her constitutional rights were violated when the agent garnished her wages and seized her house, even though he knew she owed no taxes. While this is not …
Damages Awarded to Paraplegic Prisoner by Robert Hicks was a pretrial detainee in the Jefferson County jail in Kentucky. He attempted to escape by climbing out of a window, his rope broke and he was severely injured in the resulting fall. After a stay in the local hospital he was …
Article • December 15, 1993 • from PLN December, 1993
Qualified Immunity for Black Box by Paul Knox is an Illinois state prisoner. After prison officials discovered four knives in his cell, Knox was infracted, found guilty and placed in segregation. Pursuant to prison policy, every time Knox left the segregation unit, to receive visitors, go to the hospital or …
Article • December 15, 1993 • from PLN December, 1993
BOP Must Disclose Medical Records by Eduardo Benavides is a federal prisoner who sought to review his medical prison records. The BOP release 56 pages of his medical file to him but withheld 66 pages, including those containing the evaluations and opinions of Benavides treating physicians. Benavides filed suit under …
Article • December 15, 1993 • from PLN December, 1993
Segregation of HIV+ Prisoners Upheld, Again by James Camarillo was an HIV positive California state prisoner. He has since been released on parole. While in custody of the California DOC he was transferred to a housing unit of HIV+ prisoners. Camarillo filed suit under § 1983 claiming that the transfer …
Article • December 15, 1993 • from PLN December, 1993
No Witnesses for IFP Litigant by Apro se civil litigant was prosecuting a § 1983 civil rights complaint in forma pauperis . The plaintiff was a prisoner and suit was filed against two guards for use of excessive force. After a bench trial, the U.S. district court entered a judgment …
Article • December 15, 1993 • from PLN December, 1993
Prison Medical Treatment Law Explained by APennsylvania state prisoner brought a 42 U.S.C. § 1983 complaint against a prison doctor and hospital administrator, alleging that the medical treatment provided to him violated the eighth amendment to the U.S. constitution. The defendant hospital workers moved to dismiss the complaint pursuant to …
Article • November 15, 1993 • from PLN November, 1993
Standard for Modifying Consent Decrees Explained by Standard For Modifying Consent Decrees Explained In 1976 prisoners in the Hamilton County, OH, jail filed suit challenging their conditions of confinement. The parties entered into a consent decree which settled all claims. Within five weeks of the decree's entry, in 1985, the …
Article • November 15, 1993 • from PLN November, 1993
Statement of Claim Must Rely Solely on Complaint by Scott Swoboda was a jail detainee in Doniphan County, Kansas. He filed suit under § 1983 over numerous conditions of confinement at the county jail. The district court dismissed the suit pursuant to Fed.R.Civ.12(b)(6), concluding that the lawsuit failed to state …
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Florida Conditions Victory Reversed by This 42 U.S.C. § 1983 case was initiated by ten present and former prisoners at Glades Correctional Institution (GCI) in Florida. They sought money damages and injunctive relief for cruel and unusual punishment and other unconstitutional conditions of confinement. The district court held a trial …
Article • November 15, 1993 • from PLN November, 1993
Seg Prisoners Entitled to Congregate for Religious Services by Richard Salahuddin was a Muslim New York State prisoner. In 1985 he was transferred to the Sullivan Correctional Facility (SCF), which was still under construction. At the time of his transfer and during his stay at SCF he was on "keeplock" …
Litigation and Service Protected by First Amendment by Eric Schroeder is a Hawaii State prisoner. While working in the prison law library he assisted other prisoners with their legal problems. Another prisoner asked Schroeder to serve Tranquillino Mabellos, a staff education specialist at the prison, with a summons and complaint …
Access to Courts: Standing to Assert Right by Access To Courts: Standing To Assert Right This access to the courts case was filed by the Prisoners' Legal Association (PLA), a sanctioned organization of seven jailhouse lawyers operating inside the East Jersey State Prison. The PLA claimed they were harassed because …
Article • October 15, 1993 • from PLN October, 1993
Documents Filed When Delivered to Prison Officials by In two separate cases from the fifth and eleventh circuits, the appeals courts have adopted the Supreme Court's ruling that documents are considered filed in court when they are delivered to prison officials for mailing by pro se prisoner litigants. Lawrence Thompson …
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