Skip navigation

Search

1061 results
Page 41 of 54. « Previous | 1 2 3 4 ... 37 38 39 40 41 42 43 44 45 ... 50 51 52 53 54 | Next »

ADA/RA Apply to Jails and Give Deaf Right to TDD by The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., (ADA) and Rehabilitation Act of 1973, 29 U.S.C. § 794, (RA) apply to jails and require that deaf prisoners be given access to alternate assistance in …
Article • November 15, 1998 • from PLN November, 1998
Trial Required in Kosher Diet Claim by Afederal district court in Kansas held that a trial was required to resolve disputed issues of material fact in a Jewish prisoner's lawsuit over the denial of a Kosher diet. Jimmy Searles is a Kansas state prisoner. While housed at the Hutchinson Correctional …
PLRA Physical Injury Requirement Does Not Apply to Ex-Cons by The court of appeals for the Seventh circuit held that the PLRA's physical injury requirement does not apply to suits filed after a prisoner is released from prison. The court also held that secular substance abuse programs do not violate …
Article • October 15, 1998 • from PLN October, 1998
Denial of Legal Materials Sent by Relatives Upheld by The court of appeals for the Eighth circuit, sitting en banc, held that Missouri prison officials were entitled to qualified immunity from money damages for denying a prisoner a package of legal materials sent by a relative. The court held it …
Fifth Circuit Expands Qualified Immunity Defense by In a lengthy opinion which may have dire consequences for prisoners seeking to resist qualified immunity defenses, the Fifth Circuit held that city jail guards had a duty, which was clearly established in 1989, to protect prisoners from suicide. However, the court also …
Private Health Care Providers Denied Qualified Immunity by Afederal district court in Alabama held that private party doctors and health care providers are not entitled to qualified immunity when sued by prisoners for Eight Amendment violations. The court further held that the existence of an on-going class action involving similar …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
Trial Required in New Jersey Diabetic Care Suit by Afederal district court denied New Jersey prison authorities their motion for summary judgment against diabetic prisoners' class action suit under 42 USC § 1983. The prisoners' complaint was that the medical care provided by the Adult Diagnostic and Treatment Center (ADTC) …
No Immunity for Abestos Exposure; Toxic Water Claim Remanded by The court of appeals for the second circuit held that prison officials are not entitled to qualified immunity for exposing a prisoner to airborne asbestos. The court also held that a prisoner plaintiff was entitled to present evidence that a …
Article • September 15, 1998 • from PLN September, 1998
Pro Se Tips and Tactics by John Midgley Pro Se Tips And Tactics by John Midgley Arecent Supreme Court decision, Crawford-EI v. Britton , 118 S.Ct. 1584 (1998), highlights some issues of importance for prisoners doing pro se cases. Crawford-El , which was summarized in detail in the July 1998 …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
Risk of Serious Harm States Claim by A federal district court in New York held that jail officials can be held liable for exposing jail detainees to a significant risk of serious harm, whether or not any injury actually occurs. The court also held that jail conditions intended to be …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
Article • June 15, 1998 • from PLN June, 1998
Trial Required in Religious Diet Claim by Afederal district court in California held that disputed facts required a trial to determine if a segregated Muslim prisoner's religious rights were violated when he was denied a special diet during Ramadan. Roderick Washington, a California state prisoner, filed suit claiming he was …
Law on Strip Searches of Prison Visitors Clearly Established by The court of appeals for the second circuit held that the reasonable suspicion standard for strip searches of prison visitors is clearly established. However, the court decided that the defendants were entitled to qualified immunity based upon the facts. This …
Fact Dispute Bars Qualified Immunity Appeal by The court of appeals for the fifth circuit held that it lacked jurisdiction to hear an interlocutory appeal on the denial of qualified immunity to prison officials where the lower court denied qualified immunity due to disputed facts. Two Louisiana state prisoners sued …
Article • May 15, 1998 • from PLN May, 1998
Deliberate Indifference Applies to Detainees by The court of appeals for the tenth circuit held that county jail officials have a constitutional duty to protect the health and wellbeing of prisoners in their custody. The appropriate standard of liability under these circumstances is deliberate indifference, not objective reasonableness. Under the …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
Article • April 15, 1998 • from PLN April, 1998
No Immunity for Smoke Exposure by The court of appeals for the fifth circuit held that prison officials were not entitled to qualified immunity for exposing a prisoner to Environmental Tobacco Smoke (ETS, AKA second hand smoke). Raymond Rochon, a Louisiana state prisoner, filed suit claiming various prison, state and …
Page 41 of 54. « Previous | 1 2 3 4 ... 37 38 39 40 41 42 43 44 45 ... 50 51 52 53 54 | Next »