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Article • April 15, 1995 • from PLN April, 1995
$50,000 Awarded in Groin Kneeing by Fred Culver is a mentally disabled alcoholic. He was arrested by city police in Sparta, Georgia and taken into custody. Once in the jail he began slapping at one of the policemen. In an ensuing melee Culver was twice kneed in the groin. He …
Article • February 15, 1995 • from PLN February, 1995
Damage Awards Can be Used for Restitution by Under Iowa state law all felons must pay victim restitution. The DOC sets up a restitution plan whereby up to half of a prisoners earnings can be confiscated and sent to the county court clerk who disburses the funds to the victims. …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Article • February 15, 1995 • from PLN February, 1995
Unconstitutional Jail Conditions Don't Need to be Relitigated by Chris Hall was a pretrial detainee in the Little Rock, Arkansas, city jail. He filed suit under 42 U.S.A. § 1983 claiming that jail conditions had violated his constitutional rights. Arrested for shoplifting, Hall spent 40 days in the jail, confined …
Attorney Fee Awards Analyzed by Larry Jones is an Arkansas state prisoner. He filed suit against various state prison officials claiming deliberate indifference to his serious medical needs, use of excessive force by guards and inadequate staff supervision. The case went to trial and a jury found in favor of …
Retaliation Case Dismissal Reversed by Muriel Black is an Illinois state prisoner. In 1984 he filed suit under § 1983 claiming that prison officials had violated his constitutional rights by filing false disciplinary charges against him, harassing him, etc., after he complained of racial discrimination at the prison. In 1985 …
$153,400 Awarded to Estate for Stabbing Death by $153,400 Awarded To Estate for Stabbing Death An Ohio state prisoner was stabbed to death in a prison kitchen by another prisoner. The victim's estate sued the Ohio DOC claiming that because of inadequate security procedures with regards to kitchen knives and …
Correct Jury Instructions Needed for Beating Trial by Keith Howard is a Missouri state prisoner. Upon returning to the prison after an outside medical visit, Howard was ordered to strip for a search. He refused and was thrown to the floor by several guards, hand-cuffed, forcibly stripped and taken to …
New Trial Required for Improper Testimony by Michael Kemp is a Missouri state prisoner. He filed suit under § 1983 claiming that a prison guard, Antonio Balboa, had confiscated his epilepsy medication and flushed it down the toilet. This resulted in Kemp having epileptic seizures during which he injured himself. …
Article • September 15, 1994 • from PLN September, 1994
Prison Racial Segregation Illegal by In 1970s a federal judge issued an injunction enjoining racial discrimination in the operation or administration of the Louisiana State Penitentiary (LSP) at Angola, LA. The court ordered prison officials to immediately correct the effects of any past racial discrimination and to maintain Angola as …
Article • July 15, 1994 • from PLN July, 1994
Delay in Treatment States Claim by Dean Delker is an Oregon state prisoner. He filed suit under § 1983 seeking injunctive and monetary relief from prison officials who refused to authorize surgery to treat his inguinal hernia (this is a hole in the abdominal wall where the intestine pokes through; …
Article • July 15, 1994 • from PLN July, 1994
Filthy Cell Standards Clarified by Two Nebraska jail prisoners, one convicted of a crime, one not yet convicted were moved into a jail cell containing a "toilet... covered with dried feces on both the inside and outside, the sink was covered with hair and vomit, the floor was covered with …
Prison Industries Supervisor Liable for Attack by Jay Holloway is a prisoner at the Iowa State Penitentiary (ISP). He was assigned to work in the prison industries building under the supervision of Ray Miller. While at work Holloway was attacked by four other prisoners who believed he had summoned a …
Article • July 15, 1994 • from PLN July, 1994
Non-English Mail Okay by Khannfeuang Thongvanh is an Iowa state prisoner. Thongvahn is a native Laotian whose primary language is Lao, though he speaks some English. Prison rules mandate that all incoming and outgoing prisoner correspondence be in English to allow for censorship. Prison officials at the Iowa State Reformatory …
NV Disciplinary Seg Rules Create Liberty Interest by Andrew Walker was a federal prisoner housed in the Nevada state prison system. During a cell search guards found a knife in Walker's cell. After the knife was found, Walker was placed in segregation. Prison officials claimed it was administrative segregation (ad …
$35,000 Awarded for Beating by Leon Davis is a Georgia state prisoner. He filed suit claiming that his eighth amendment right to be free from cruel and unusual punishment was violated when a guard shoved him down the stairs of a fire escape and another guard punched him in the …
Visitor Awarded Damages by A man visiting his brother in jail was awarded damages both for battery and for violation of his civil rights, based on a guard's attack on him and making of racially derogatory remarks. On appeal, the Minnesota state appeals court ruled that because the racial slurs …
Article • April 15, 1994 • from PLN April, 1994
Ad Seg as Punishment Unlawful by Ad Seg As Punishment Unlawful Greg Stevens is an HIV+ Arkansas state prisoner, he is also missing a finger. Due to his medical condition he received a medical limitations slip which prohibited him from working in the prison fields. He reported to work in …
Nominal Damages in Eighth Amendment Claim Upheld by Rederick Cummings was accused of attempting to rape a prison employee. During the course of "investigating" the rape allegations prison officials beat Cummings several times. Cummings filed suit alleging that the beatings violated his eighth amendment rights. At trial a jury found …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
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