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Article • August 15, 1999 • from PLN August, 1999
Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure by The court of appeals for the Third Circuit held that a prisoner does not have a cause of action, under 42 U. S. C. section 1983, for damages for emotional distress caused by exposure to asbestos, without proof of physical injury. …
Article • July 15, 1999 • from PLN July, 1999
Withholding Dental Care Violates Eighth Amendment by Ronald Young ANew York federal district court held that failure to treat a prisoner's abscessed wisdom tooth was a sufficiently serious medical condition to sustain an Eighth Amendment claim. The court also held that material issues of fact as to whether the prison's …
Brief • July 1, 1999
Filed under: Eighth Amendment
Battle v. District of Columbia, DC, Complaint, Inhumane Conditions, 1999 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNISON BATTLE DCDC #228-223 CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 V (303) 746-3777 SHANNON BATTLE DCDC #263-505 l/ CCAINEOH Correctional Facility 2240 Hubbard Road Youngstown, Ohio 44505 (303) …
Article • June 15, 1999 • from PLN June, 1999
Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional by By Matthew T. Clarke Following a nineteen-day hearing in the class-action Ruiz lawsuit on prison conditions in the Texas Department of Criminal Justice Institutional Division (TDCJ-ID), which has been pending in his court since 1972, William Wayne Justice, a Texas …
Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal by The court of appeals for the Fifth Circuit has held that a prisoner who is subject to the three-strikes provision in the Prison Litigation Reform Act (PLRA) must show that he is under imminent …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions by The Eighth Circuit court of appeals held that the administrative segregation prison conditions two paraplegic prisoners were subjected to were unconstitutional and upheld a total award of $4,000 in compensatory damages. Bobby Franklin Simmons and Ricky Lee Marshall (plaintiffs), two …
Brief • May 11, 1999
In Re Northeast Ohio Correctional Center, OH, Memo Approving Class Action Settlement, Conditions of Confinement, 1999 ,t:,I ' • ., . '9 UNITED STATES D1STRJcr COURT NORTHERN I)JSTRJCT OF OHIO EASTER>'\' DIVISION IN RE: NORTHEAST 01110 CORJ~ECTIONALCENTER ) CASE NO. 4:97 CV 1995 ) ) ) JUDGE DAN AARON POLSTER …
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
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 …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
Berton v. District of Columbia, Complaint, No Due Process, 1998 \~l i"~ SUPERIOR'LOURT OF THE DISTRICT OF C~8tJMBIA CIVIL DIVISION ?:'.,:,y.'" --~~" ~-", BERNARD E. BERTON, Jlt.~~"­ DCDC Number 146-447 POst Office Box 85 Occoquan Facility Lorton, Virginia 22199 (\( "\(p ~\ Plaintiff CIVIL ACTION us. (;; DISTRICT OF COLUMBIA, …
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 …
Brief • August 10, 1998
Austin v. Hopper, AL, Judgment, Chain-Gang Claim, 1998 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE .... MIDDLE DISTRICT OF ALABAMA , MICHAEL A. AUSTIN, RICHARD ELLIOT, OGlE LEE HAYES, CHARLES ORLANDER GUESS, WARREN LEATHERWOOD, and KERVIN GOODWIN, Plaintiffs, v. Defendant. oJ . '" _ •• ) ) …
Article • July 15, 1998 • from PLN July, 1998
Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth …
Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …
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 …
Lucas v. White, CA, Settlement Agreement, Abuse of Inmates, 1998 i v. White • • • • • • • ! ! • H • H PC-CA-009-001 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN LUCAS, ET AL., Plaintiffs, 8 …
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