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Mental Health Issues in Long-Term Solitary and "Supermax" Confinement, Craig Haney, 2003 Mental Health Issues in Long-Term Solitary and "Supermax" Confinement Craig Haney This article discusses the recent increase in the use of solitary-like confinemem, especially the rise of so-called supermax prisons and the special mental health issues and challenges …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
PLRA Requires More Than De Minimus Physical Injury by The Ninth Circuit Court of Appeals has held that 42 U.S.C. §1997e(e) requires a prisoner demonstrate more than de minimus physical injury to receive compensatory damages for mental and emotional claims. Pre-trial detainee Eric Oliver filed a civil rights action alleging …
Article • November 15, 2002 • from PLN November, 2002
Supreme Court Holds No Immunity for Alabama Hitching Post by David Reutter by David M. Reutter The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
Ripole v. Stanley, NH, Bill in Equity, ADA Violations, 2002 THE STATE OF NEW HAMPSHIRE MERRIMACK COUNTY SUPERIOR COURT ___________________________________ : DONALD RIOPEL, : : Plaintiff : : v. : : PHILLIP STANLEY, in his : official capacity as Commissioner, : New Hampshire Department of Corrections : : JANE COPLAN, …
Hitching Post Unconstitutional by David Reutter The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Brief • December 3, 2001
Clark v. State of California, CA, Court Order, ADA Cruel and Unusual Punishment, 2001 1 2 3 4 5 6 7 8 PRISONLAWOFFICE DONALD SPECTER #83925 HEATHER MacKA Y #161434 SARA NORMAN #189536 General Delivery San Quentin, CA 94964 Telephone: (415) 457-9144 ORKGKN.iiL CHAVEZ & GERTLER MARK A. CHAVEZ #90858 …
Maynor v. Morgan County, AL, Consent Decree, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 45 Filed 09/25/01 Page 1 of 18 F·- 11'··~ L::. ·-.. r·) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA 01SEP25 PM 3: 32 NORTHEASTERN DMSION U.S. DiS: r.;~: N.O. OF AL …
Plata v. Davis, CA, Amended Complaint, Medical Neglect, 2001 1 2 3 4 5 6 7 8 9 10 11 PRISON LAW OFFICE DONALD SPECTER #83925 STEVEN FAMA #99641 SARA NORMAN#189536 General Delivery San Quentin, CA 94964 Telephone: (415) 457-9144 Facsimile: (415) 457-9151 McCUTCHEN, DOYLE, BROWN & ENERSEN WARREN E. …
Trial Required in Arizona Uprising Suit by The Court of Appeals for the Ninth Circuit reversed a district court decision granting summary judgment to prison officials in a case involving the treatment of prisoners following a prison uprising. In 1995 the Graham Unit of the Arizona State Prison in Safford, …
Maynor v. Morgan County, AL, Complaint, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 1 Filed 04/05/01 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA C. / "~i - 3 i.. ; ~·: NORTHERN DMSION JOHNNY MAYNOR, Anthony Murphree, Christopher Nichols, Yvette Barbee, …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Article • July 15, 2000 • from PLN July, 2000
Field 'Sleep Out' Without Adequate Toilet Facilities States An Eighth Amendment Violation by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that, for qualified immunity purposes, a prisoner who was forced to spend the night outdoors in a work field without adequate bathroom facilities …
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