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Article • May 15, 2007
Filed under: Eighth Amendment, Juveniles
Arrestees' Kansas Jail Conditions Suit Dismissed by The five plaintiffs were arrested for planning to shoot up the local school, and spent from 11 to 27 days in jail. Eventually the charges were dismissed after they said they were just kidding. The constitutional standards for pre-trial detention conditions are the …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Double Celling Unconstitutional by The court of appeals for the Third circuit affirmed a district court's order, at 719 F. Supp. 126 (WD PA 1989), which held that double celling in Pennsylvania prisons violated the Eighth amendment under a "totality of conditions" analysis. The overall prison conditions consisted of dilapidated, …
City Liable when Informant Killed by City Liable When informant Killed A prisoner's wife sued the Muskogee, Oklahoma city/federal jail under § 1983 for failing to protect her husband, an informant killed by jail prisoners. Plaintiff's husband was convicted but not yet sentenced. Case went to trial and jury awarded …
Article • May 15, 2007
Relief Ordered For Overcrowded D.C. Prison by The United State District Court, District of Columbia, in response to a D.C. Occoquon Prison Facility, of the Lorton Correctional Complex, prisoner's claims that overcrowding and systemically deficient conditions at state medium security institutions constituted cruel and unusual punishment in violation of Eighth …
Article • May 15, 2007
Conditions of Confinement in Virgin Islands Prison Unconstitutional. by The Federal District Court in the Virgin Islands found that widespread unconstitutional conditions existed at the Golden Grove Adult Correctional Facility. In a terse opinion, the court ordered changes to begin within 20 days of its order and recommended that the …
Article • May 15, 2007
Massachusetts: Confinement In Disciplinary Unit Constitutional by The Supreme Judicial Court of Massachusetts held that conditions of confinement in a disciplinary housing unit did not violate prisoners' Constitutional or statutory rights. Plaintiffs, prisoners housed in or previously housed in the department disciplinary unit (DDU) of the Massachusetts Correctional Institution at …
Article • May 15, 2007
Prison Stabbing Violates Eight Amendment by The Sixth Circuit has held that a prisoner's Eighth Amendment rights were violated when he was stabbed to death while prison guards watched and did not render assistance. Prisoner Jerry Fails was working as a janitor at the Tennessee State Penitentiary when he was …
Pervasive Risk of Harm Violates Eight Amendment by The Third Circuit Court of Appeals has held that a prisoner stated an Eighth Amendment claim for prison official's deliberate indifference to a pervasive risk of harm. The Pennsylvania prisoner alleged that he had to live day in and day out with …
Violence as a Condition of Confinement Violates Eighth Amendment by Prisoner filed class action suit based on the level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City. The district court found that violence level at CIFM exceeded levels at other, comparable, institutes; …
Article • May 15, 2007
Indiana Prisoner Raped By Staff Ordered to Amend Complaint by Since Indiana has a tort claims act, plaintiff's allegation that defendants took a watch from him does not state a due process claim. At 972: "Denying an inmate nutritious food may constitute an Eighth Amendment violation, but conditions that would …
Prisoner Attacker Can't Be Sued Under § 1983, Guard Can by Prisoner Attacker Can't Be Sued Under § 1983, Guard Can A prisoner who assaulted the plaintiff did not act under color of state law and the plaintiff's § 1983 claim was therefore frivolous. The plaintiff's claim that she told …
Puerto Rican Prison System Unconstitutional by In two separate orders published as one case, a federal district court in Puerto Rico found the entire island's prison system to be unconstitutional and found prison officials to be "not credible." Overcrowding was 3-5 times rated capacity, with prisoners sleeping in closets, covering …
Puerto Rican Prisons' Attempt to Evade Injunction Denied by Court by A federal district court in Puerto Rico held that Puerto Rican prison officials were attempted to avoid complying with injunctive relief previously ordered by the court, see 497 F. Supp. 14 (D PR 1980) and 672 F. Supp. 591 …
Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
Expense No Justification for Eighth Amendment Violation by The court of appeals for the Ninth circuit vacated a district court's preliminary injunction on ad seg conditions in four California prisons. The court rejected the "totality of conditions" analysis later adopted by the U.S. supreme court in Rhodes v. Chapman, 101 …
Article • May 15, 2007
South Dakota Prisons' Conditions of Confinement Are Unconstitutional by The U.S. District Court for the District of South Dakota, in a class action suit, found that the totality of conditions at the South Dakota State Penitentiary (SDSP) and in the Women's Correctional Facility (WCF) were so bad as to violate …
Article • May 15, 2007
No Constitutional Right Created By State Jail Standards by The U.S. Fifth Circuit Court of Appeals held that Texas jail standards did not create a constitutional right and therefore were not enforceable under 42 U.S.C. § 1983. The Texas Commission on Jail Standards was created by the Texas Legislature to …
Jail Closed Due To Living Conditions, Failure To Comply by The U.S. District Court for the Western District of Pennsylvania ordered the closing of a county jail due to unconstitutional living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate …
Saginaw County Jail Practices Unconstitutional by A Michigan federal district court held that practices and procedures, affecting pre-trial detainees at the Saginaw County Jail are unconstitutional and enjoined them. This is a class action suit that did not challenge the general physical conditions, but the practices and procedures of the …
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