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Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Sexual Assault During Search Illegal by The court of appeals for the eighth circuit held that a guard who sexually harasses and assaults a prisoner during a strip search violates the fourth amendment. The court rejected the guard's defense that he was not a "state actor" for § 1983 purposes …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Article • October 15, 1995 • from PLN October, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the "safety cells," consisting of …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
Article • August 15, 1995 • from PLN August, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the safety cells, consisting of …
No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …
Correct Jury Instructions Needed for Beating Trial by Keith Howard is a Missouri state prisoner. Upon returning to the prison after an outside medical visit, Howard was ordered to strip for a search. He refused and was thrown to the floor by several guards, hand-cuffed, forcibly stripped and taken to …
Hog-Tying Violates 8th Amendment by Eugene Littlewind is a North Dakota state prisoner. In 1988 Littlewind and three other prisoners attacked a guard in the North Dakota Penitentiary segregation unit. After the attack, Littlewind cooperated with guards and was taken to the prison's observation unit. Once there he was stripped …
Ninth Circuit Approves Oregon Control Unit Conditions by Paul Wright By Paul Wright This is a case which challenged numerous conditions of confinement at the Oregon State Penitentiary's Disciplinary Segregation Unit (DSU), which is a control unit. The ruling does not bode well for prisoners seeking to question such conditions. …
Damages Awarded in Beating Case by Rickke Greene is an Oklahoma state prisoner. While in a segregation unit Greene was scalded by another prisoner and received second degree burns. After not being treated at the prison infirmary he was returned to his cell, knocked to the floor, kicked and beaten …
Washington Feces Watch and Visiting Policy Create Liberty Interest by Rogaciano Mendoza was a prisoner at the Washington State Penitentiary (WSP) at Walla Walla in 1989 when prison officials discovered a broken balloon containing a white substance in the visiting room bathroom being used by Mendozas 6 children. Mendoza was …
Prisoner Entitled to Protection and Toilet Access by Kenneth Young is an HIV positive federal prisoner who was transferred to the US Penitentiary at Lewisburg, PA. While in the transfer segregation unit at Lewisburg Young was sexually assaulted by his cellmates several times. He repeatedly requested protective custody from a …
Article • June 15, 1991 • from PLN June, 1991
Inhumane Living at CCI by Angelo Crimi Inhumane Living At CCI By Angelo Crimi CHILLICOTHE, OHIO - Prisoners at Chillicothe Correctional Institution (CCI) confined in the segregation unit are constantly subjected to cruel and unusual punishment. Prisoners are confined to a building that is over 100 years old and the …
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