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No Immunity in Jail Suicide for Medical Contractor by Afederal district court in Florida held that genuine issues of fact existed as to whether a jail psychologist and the private corporation that employed him had acted with deliberate indifference to a pretrial detainee's health needs, obviating summary judgment on the …
No Immunity for Hearing Officer's Failure to Examine CI Credibility by Afederal district court in New York held that prison officials violated a prisoner's due process rights by failing to independently examine the credibility of confidential informants. The court held these rights were well established, therefore the defendants were not …
Article • April 15, 1998 • from PLN April, 1998
$9,500 Award for Involuntary Psychotropic Drugging Affirmed by $9,500 Award for Involuntary Psychotropic Drugging Affirmed The court of appeals for the eighth circuit affirmed an award of $9,500 in damages to an Arkansas state prisoner who was forcibly drugged with anti-psychotic medications without due process. The court also held that …
Supervisors Liable for Excessive Force by The court of appeals for the eighth circuit affirmed an award of compensatory and punitive damages against a guard who beat a handcuffed and unresisting prisoner, the four guards who held the prisoner down during the attack, the lieutenant who supervised the beating and …
Article • February 15, 1998 • from PLN February, 1998
No Immunity for Delaying Arthritis Treatment by Afederal district court in West Virginia held prisoners had a clearly established right in 1994 to prompt medical treatment and to have prescribed treatment followed. Oscar Finley, a West Virginia state prisoner suffers from arthritis and has a physician's recommendation that he not …
No Immunity for Florida Private Jail by The district court for the middle district of Florida held that the sheriff, the county and a private corporation operating the county jail were liable for detaining an arrestee for 30 days without a probable cause hearing. The court also held that monetary …
Article • February 15, 1998 • from PLN February, 1998
WSP Ban on Gift Subscriptions Enjoined by In two separate, unpublished rulings, different federal magistrates in Spokane, Washington, held that a Washington State Penitentiary policy requiring that prisoners purchase all magazine subscriptions and books from their prison trust accounts was unconstitutional. Both courts enjoined the policy. WSP Policy 450.100 states …
Article • January 15, 1998 • from PLN January, 1998
Legal Material Confiscation May Violate First Amendment by The court of appeals for the eighth circuit held that a factual dispute required a trial to determine if a prison package policy was arbitrarily applied in a manner that violated the first amendment. Clyde Weiler, a Missouri state prisoner, was sent …
Trial Required in Retaliation Claim by A federal district court in New York held prison officials were not entitled to qualified immunity in a prisoner's lawsuit claiming he was retaliated against for suing them and that a trial was required to resolve the claims. Nathan Brown, a New York state …
Article • December 15, 1997 • from PLN December, 1997
Montana Prisoners Have Liberty Interest in Classification Hearings by Danny Arledge By Danny Arledge The Montana state supreme court held that state law creates a liberty interest for prisoners accused of misconduct in prison classification hearings. Daniel Orozco, a prisoner at the Montana State Prison, was accused of conspiring to …
Qualified Immunity in Failure to Protect Claim by James Quigley By James Quigley The court of appeals for the fourth circuit, sitting en banc, held that there is no constitutional violation when unarmed prison guards fail to immediately intervene to protect a prisoner from assault by an armed prisoner; that …
Article • December 15, 1997 • from PLN December, 1997
WA Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Counselor Liable in Failure to Protect Claim by A federal district court in Illinois held a prison counselor could be found liable for denying a prison snitch protective custody when the informant was later attacked by his many enemies. Hubert Hill is an Illinois state prisoner who has informed on …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • November 15, 1997 • from PLN November, 1997
Washington Officials Liable for Seizing Court Tape by In an unpublished ruling, the court of appeals for the ninth circuit held prison officials were not entitled to qualified immunity for intentionally withholding a prisoner's video taped court transcript. Robert Wrinkle a Washington state prisoner at the Clallam Bay Corrections Center, …
Article • October 15, 1997 • from PLN October, 1997
No Qualified Immunity for Denial of Exercise by A federal district court in Illinois held that prison officials were not entitled to qualified immunity from money damages for denying segregation prisoners all opportunity for out of cell exercise for one year. McNeal Watts, an Illinois state prisoner, was placed in …
Same Sex Harassment of Prisoner Workers Okayed by The court of appeals for the ninth circuit held that male prisoners have no clearly established right to be free from sexual harassment by male work supervisors. Herman Blueford, a California state prisoner, filed suit claiming his eighth amendment rights were violated …
U.S. Supreme Court: No Immunity for Private Prisons by Paul Wright The U.S. supreme court, in a five to four ruling, held that employees of privately owned and operated prisons are not entitled to qualified immunity from suit. In the January, 1997, issue of PLN we reported McKnight v. Rees, …
Court Reduces Jury Award in Beating Suit by A federal district court in New York entered a jury verdict awarding compensatory and punitive damages to a prisoner beaten and tranquilized by guards, it then reduced the punitive damage award. Donovan Blissett, a New York state prisoner, filed suit claiming his …
Retaliation Verdict Reversed by In the February, 1996, issue of PLN we reported Sisneros v. Nix, 884 F. Supp. 1313 (D IA 1995), where a district court in Iowa awarded a prisoner $7,639.70 in damages after finding the prisoner had been subjected to a retaliatory prison transfer after filing suit …
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