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Plata v. Davis, CA, Amended Complaint, Medical Neglect, 2001

Brief • August 1, 2001

Filed under: Medical, Failure to Treat, Eighth Amendment, Americans with Disabilities Act, Fourteenth Amendment, rights

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

Article • July 15, 2001 • from PLN July, 2001

Filed under: Prison Rebellion, Conditions of Confinement, Eighth Amendment, Exposure to Cold, Toilets, Water, Bedding, Shelter, Exposure to Heat, Guard Brutality/Beatings, Restraints

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

Brief • April 5, 2001

Filed under: Classification, Totality of Conditions, Fire Hazards, Food, Overcrowding, Eighth Amendment, Staffing, Ventilation, Exercise, Exposure to Cold, Showers, Toilets, Plumbing, Sewage, Water, Sanitation, Bedding, Hygiene Supplies, Reading Materials, Lighting, Laundry, Vermin, Exposure to Heat, Education, Legal Materials, Failure to Treat (Mental Illness)

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

Article • March 15, 2001 • from PLN March, 2001

Filed under: Transfers, Racial Discrimination, Cancer, Skin, Vision, Conditions of Confinement, Totality of Conditions, Smoking, Eighth Amendment, Ventilation, Clothing, Plumbing, Water, Sanitation, Exposure to Heat, Qualified Immunity, Ad-Seg Hearings

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

Article • January 15, 2001 • from PLN January, 2001

Filed under: Retaliation for Filing Grievances, Work, Prison Labor, Inability to Work, Workplace Injury, Work Conditions/Safety, Injury -- Misc., Retaliatory Discipline, Eighth Amendment, Qualified Immunity

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 …

Seventh Circuit Rejects ETS Claim

Article • January 15, 2001 • from PLN January, 2001

Filed under: Respiratory, Smoking, Eighth Amendment, Civil Procedure, Damages, Injunctions, Mootness

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

Article • January 15, 2001 • from PLN January, 2001

Filed under: Hearing Officers, Sanctions (Disciplinary Hearings), Overcrowding, Eighth Amendment, Exercise, Injunctions (PLRA), Ad-Seg Hearings, Mental Health, Failure to Treat (Mental Illness)

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

Article • December 15, 2000 • from PLN December, 2000

Filed under: Staff-Prisoner Assault, Injury -- Misc., Eighth Amendment, Administrative Exhaustion (PLRA), Physical Injury Rule, Excessive Force, Guard Brutality/Beatings

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

Article • July 15, 2000 • from PLN July, 2000

Filed under: Staff-Prisoner Assault, Corrections Corporation of America/CoreCivic, Gender Discrimination -- Women, Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Jury Instructions

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 …

Field 'Sleep Out' Without Adequate Toilet Facilities States An Eighth Amendment Violation

Article • July 15, 2000 • from PLN July, 2000

Filed under: Conditions of Confinement, Food, Eighth Amendment

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 …

Attica Uprising Verdict Reversed

Article • June 15, 2000 • from PLN June, 2000

Filed under: Prison Rebellion, Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Civil Procedure, Defenses, Jury Instructions, Class Certification, Supervisory Liability

Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …

$150,000 Judgment Against Prison Officials Upheld

Article • May 15, 2000 • from PLN May, 2000

Filed under: Disabled Prisoners, Eighth Amendment, Attorney Fee Awards, PLRA, Attorney Fees (PLRA), Damages, Americans with Disabilities Act

$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …

Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies

Article • March 15, 2000 • from PLN March, 2000

Filed under: Out of State Transfers, Corrections Corporation of America/CoreCivic, HIV/AIDS, Systemic Medical Neglect, Medical Records, Escapes, Failure to Protect (General), Eighth Amendment, Attorney Fee Awards, Injunctions (PLRA), Guard Brutality/Beatings, Civil Procedure, Damages, Settlements, Defenses, State Law Claims, Standing, Parties, Qualified Immunity, Contractor Liability, Failure to Protect (Wrongful Death)

Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …

Sleep Deprivation Not Frivolous Claim

Article • December 15, 1999 • from PLN December, 1999

Filed under: Eighth Amendment, Physical Injury Rule, Mental Health

Sleep Deprivation Not Frivolous Claim by Ronald Young by Ronald Young The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held …

Prisoner Withstands Summary Judgment on Cell Condition Claim

Article • December 15, 1999 • from PLN December, 1999

Filed under: Conditions of Confinement, Eighth Amendment, Exposure to Cold, Clothing, Toilets, Sanitation, Bedding, Hygiene Supplies

Prisoner Withstands Summary Judgment on Cell Condition Claim by A federal district court in Virginia held that a genuine issue of material fact as to whether a prisoner's cell was adequately heated, had bedding and was maintained in a sanitary condition, precluded summary judgment. Virginia Department of Corrections prisoner Robb …

Retaliatory Acts Need Not "Shock the Conscience" to be Actionable

Article • November 15, 1999 • from PLN November, 1999

Filed under: Retaliation for Litigating, Food, Eighth Amendment, Sanitation, Prisoner Legal Assistance, Legal Materials, Supervisory Liability, Mental Health

Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …

PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo

Article • September 15, 1999 • from PLN September, 1999

Filed under: Medical, HIV/AIDS, Medication, Eighth Amendment, Exercise, Clothing, Physical Injury Rule

PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …

Denial of Exercise Is "Atypical and Significant"

Article • September 15, 1999 • from PLN September, 1999

Filed under: Liberty Interests, Crime/Demographics, Prison/Jail Murders, Escapes, Eighth Amendment, Exercise, Assaults on Staff

Denial of Exercise Is "Atypical and Significant" by Denial of Exercise Is "Atypical and Significant" The U.S. court of appeals for the Eleventh Circuit held that Florida state prisoners, who are being held in Close Management (CM) status, have a state-created liberty interest in outdoor exercise, which is protected by …

Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack

Article • September 15, 1999 • from PLN September, 1999

Filed under: Guard Misconduct, Retaliatory Transfers, Injury -- Misc., Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Damages

Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …

Contaminated Water Claim Not Barred by PLRA Physical Injury Rule

Article • August 15, 1999 • from PLN August, 1999

Filed under: Conditions of Confinement, Eighth Amendment, Water

Contaminated Water Claim Not Barred by PLRA Physical Injury Rule by The court of appeals for the Seventh circuit held that a prisoner's lawsuit over a prison's lead contaminated water was wrongfully dismissed under the Prison Litigation Reform Act's (PLRA) physical injury requirement. Floyd Robinson, an Illinois state prisoner, filed …