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No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …
New York Federal District Court Rules Nassau County Strip Search Policy Unconstitutional by Ray E. Shain was arrested in Nassau County, New York, after police received a domestic disturbance call, and subsequently remanded by a Nassau County District Court Judge to the custody of the Nassau County Sheriff at the …
No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
Article • April 15, 2000 • from PLN April, 2000
No Immunity for Media Defendants in Ridealong Suit by In the October, 1999, issue of PLN we reported Hanlon v. Berger, 119 S.Ct. 1706 (1999) where the court held that it violates the Fourth Amendment to the U.S. constitution for police to bring media reporters and photographers with them when …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
Sandin Does Not Apply to Pretrial Detainees by The Seventh Circuit court of appeals has held that a pretrial detainee may not be punished for his crime prior to conviction and that Sandin v. Conner, 515 U.S. 472 (1995), does not apply to suits by pretrial detainees. Ricky Joe Rapier …
Trial Required in Jail Attack by A federal district court in New York held that a trial was required to resolve disputed issues of material fact where a jail guard was accused of assaulting a detainee. The court also held that the county could not be held liable for a …
Article • October 15, 1999 • from PLN October, 1999
Perp Walks Unconstitutional According to New York Federal Court by A federal district court in New York has ruled that "perp walks" staged by the police at the behest of the media are unconstitutional. John Lauro, Jr. was the doorman at a building In Manhattan. Matthew Eberhart was a building …
Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Article • September 15, 1999 • from PLN September, 1999
US Supreme Court Holds Media Ride-Alongs Unconstitutional by A unanimous United States Supreme Court held that police violate the Fourth amendment of the U.S. constitution when they allow members of the news media to ride along with them while executing search and arrest warrants. The court also held police were …
Article • September 15, 1999 • from PLN September, 1999
No Court Access Right to Litigate Civil Forfeiture by The U.S. court of appeals for the Eleventh Circuit held that prisoners do not have an access-to-court right to defend against civil forfeiture. The court also accorded qualified immunity, sua sponte, to all defendants on the prisoner's conditions of confinement claims. …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Article • August 15, 1999 • from PLN August, 1999
Denial of Pain Medication Violates Eighth Amendment by The court of appeals for the Seventh circuit held that a guard's denial of prescribed pain medication to a prisoner undergoing cancer treatment violates the Eighth Amendment's ban on cruel and unusual punishment. James Ralston, a Wisconsin state prisoner, was given radiation …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
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