Pennsylvania Prisoner Awarded $5,000 for Crushed Finger by In January 1998, a Pennsylvania prisoner was awarded $5,000 in arbitration against the City of Philadelphia. The plaintiff alleged the bone in his left finger was crushed in February 1996 when the bed in his cell tipped over. The plaintiff sued in …
Court Approves Continued Pennsylvania Prisoner's Segregation Beyond 21 Years by The Third Circuit Court of Appeals has held that despite 21 years in solitary confinement, Pennsylvania prisoner Daniel Delker has received all the process he is due and prison officials may continue to confine him. Delker has been kept in …
Random Searches Of Pennsylvania Prison Visitors' Vehicles Held Constitutional by In a ruling that applies the limited rights of prisoners to those who visit prisoners, the U.S. District Court for the District of Pennsylvania held that prison officials can randomly search visitors' vehicles regardless of individualized suspicion or cause. On …
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Police Rape Plaintiff Allowed to Sue Anonymously by The plaintiff alleged that she had been sexually assaulted by a state trooper. Her case was consolidated for discovery with three other similar cases against the same trooper. The court permits the plaintiff to proceed under a pseudonym, since she has taken …
Time Limit for Service Extended in Immigration Suit by The plaintiff immigration detainee did not serve the defendants properly because her attorneys did not understand the service rules. That is not good cause to extend the time for service. However, the court has discretion to extend the time for service …
VA Muslim Prisoner's Suit Over Retaliation, Clergy, Diet Dismissed by The plaintiff, a member of the Nation of Islam, complained that he was barred from services for two months after a dispute with the chaplain. The exclusion met the Turner standard. At 529: "In a prison setting, avoiding conflict is …
Prisoner Legal Aide's Firing Upheld for Violating Prison Rules by The plaintiff was terminated from the prison legal clinic after misusing his position to send mail to unauthorized places and signed letters indicating he was the representative of other inmates, which was contrary to prison policy. He was fired after …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
Slip and Fall Injury Claim Dismissed by The plaintiff slipped and fell while trying to repair a roof leak. He complained that some aspects of his treatment were delayed and he never got a barium study and a sigmoidoscopy. This complaint amounted only to a difference of opinion about treatment …
Pennsylvania Jail Suit for Failure to Treat Broken Jaw Dismissed by The plaintiff was punched in the jaw by another prisoner and was given pain medication and cotton to bite on by medical staff. He went back five of the next six days complaining of continued severe pain, numbness, and …
BOP Prisoner Wins Habeas in Work Release Challenge by Contrary to the Department of Prisons' abrupt change in policy declaring that prisoners could not be placed in a community corrections center for more than 10 per cent of their sentences, a CCC is a "penal or correctional facility" under the …
Sex Offender Treatment for Release Claim Rejected by The plaintiff complained that denial of parole because of his refusal to participate in a sex offender program violated the Ex Post Facto Clause. His claim is rejected. His term of incarceration has not yet expired, so he is not being subjected …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Municipality May Be Liable Even Absent Employee Liability by Notwithstanding Heller, at 482: "It is possible for a municipality to be held independently liable for a substantive due process violation even in situations where none of its employees are liable." Id. n.3: the court notes that some circuits have rejected …
Third Circuit Rejects Implied Class Certification by Third Circuit Rejects Implied Class Certification Suit was filed in 1972 and a consent decree entered in 1974. This appeal from denial of a motion to vacate is dismissed as moot because the named plaintiffs moved out of public housing even before the …
Court Denies Jail Staff Motion to Dismiss in Death Suit by The plaintiff sued over the decedent's death in jail. A nurse, a doctor, and a private medical provider moved for a more definitive (sic) statement, asserting that language in the complaint such as "inter alia" and "is not limited …
Third Circuit Invalidates BOP's 2005 CCC Regs. by In the latest chapter of the saga previously reported in PLN concerning Bureau of Prison (BOP) Community Correction Center (CCC) eligibility, the Third Circuit Court of Appeals invalidated BOP regulations adopted in 2005 that restricted CCC placement, finding the regulations were contrary …
Moving Case off Active Docket Not a Dismissal by The parties advised the court that the case would be settled, and hearing nothing to the contrary seven weeks later, it ordered the case "closed." However, the case really wasn't settled. When the parties reported that fact, the court declared that …
Third Circuit Terminates Prison Paralegal Clinic Injunction by Prison officials moved to terminate an injunction requiring a prisoner-run law clinic. Plaintiffs conceded that there was no current and ongoing constitutional violation, but said if the judgment is terminated there will be because the defendants will shut down the clinic. At …
