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PLRA Physical Injury Requirement Defined
Article • August 15, 1997 • from PLN August, 1997
Filed under: Pat Searches, Eighth Amendment, Physical Injury Rule, Excessive Force, Guard Brutality/Beatings
PLRA Physical Injury Requirement Defined by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act's (PLRA) physical injury requirement for prisoners seeking money damages is the same as the standard used in determining eighth amendment claims. This ruling is significant because it is the …
Failure to Treat Broken Hand States Claim
Article • August 15, 1997 • from PLN August, 1997
Filed under: Skeletal Injury, Eighth Amendment, Civil Procedure, State Law Claims, Expert Witnesses
Failure to Treat Broken Hand States Claim by A federal district court in Illinois held that prison doctors' failure to treat a broken hand for nine days stated an eighth amendment claim and an Illinois state law requiring that an affidavit be filed in medical malpractice cases did not apply …
Medical Malpractice Instruction Warranted in Eighth Amendment Suit
Article • August 15, 1997 • from PLN August, 1997
Filed under: Medical, Systemic Medical Neglect, Skeletal Injury, Eighth Amendment, Jury Instructions
Medical Malpractice Instruction Warranted in Eighth Amendment Suit by The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit …
Denial of Eyeglasses Violates Eighth Amendment
Article • June 15, 1997 • from PLN June, 1997
Filed under: Prosecutor/Attorney General Misconduct, Medical, Vision, Eyeglasses, Eighth Amendment, Injunctions, Frivolous Litigation, Supervisory Liability
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Lucas v. White, CA, Amended Complaint, Abuse of Inmates, 1997
Brief • 1997
Filed under: Staff-Prisoner Assault, Guard Misconduct, Threats by Staff, Retaliation for Filing Grievances, Injury -- Misc., Eighth Amendment, Guard Brutality/Beatings
Lucas v. White, CA, Amended Complaint, Abuse of Inmates, 1997 1 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 2 3 4 LAW OFFICES OF GERI L. GREEN GERI L. GREEN - 127709 368 Hayes Street San …
Hill v. Germantown, TN, Plaintiff Consolidated Brief Supporting Fed Damages Claims - Joint and Several Liability in Wrongful Death (1997)
Brief • 1997
Filed under: Commentary/Reviews, Eighth Amendment, Wrongful Death, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights
Hill v. Germantown, TN, Plaintiff Consolidated Brief Supporting Fed Damages Claims - Joint and Several Liability in Wrongful Death (1997) IN THE CIRCUIT COURT OF TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS GREGORY HILL, et al., Plaintiffs, vs. NO. 70577-9 T.D. CITY OF GERMANTOWN, et al., Defendants. RONALD CROWDER, …
$75,000 Jury Verdict in Prisoner Attack Affirmed
Article • May 15, 1997 • from PLN May, 1997
Filed under: Prosecutor/Attorney General Misconduct, Failure to Protect (General), Eighth Amendment, Civil Procedure, Frivolous Litigation, Sanctions
$75,000 Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict awarding a prisoner $75,000 in compensatory damages and $55,262.42 in attorney fees after the prisoner was threatened then beaten by other prisoners. Gregory Pope, an Illinois state prisoner, was threatened …
TRO Granted in DC Smoking Suit
Article • May 15, 1997 • from PLN May, 1997
Filed under: Prosecutor/Attorney General Misconduct, Smoking, Eighth Amendment, Attorney Fee Awards, PLRA, Injunctions (PLRA), Settlements, Preliminary Injunctions/TRO's, Special Masters
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
No Care for STD Violates Eighth Amendment
Article • May 15, 1997 • from PLN May, 1997
Filed under: Urinary, STDs, Eighth Amendment, Civil Procedure, State Law Claims, Qualified Immunity
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed
Article • May 15, 1997 • from PLN May, 1997
Filed under: Failure to Protect (General), Eighth Amendment, Excessive Force, Burning, Damages, Evidentiary Ruling, Jury Instructions, Expert Witnesses, Witnesses, Qualified Immunity, Supervisory Liability
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict against prison official defendants finding that they were deliberately indifferent to a prisoner's safety by leaving him in a cell with a mentally ill prisoner who later tried …
PLRA Codifies Injunction Standards in Conditions Case
Article • May 15, 1997 • from PLN May, 1997
Filed under: Conditions of Confinement, Failure to Protect (General), Eighth Amendment, Staffing, Shelter, Administrative Exhaustion (PLRA), Injunctions (PLRA), Injunctions, Qualified Immunity, Supervisory Liability, Failure to Protect (Wrongful Death)
PLRA Codifies Injunction Standards in Conditions Case by In the December, 1995, issue of PLN we reported Smith v. Arkansas DOC, 877 F. Supp. 1296 (ED AR 1995) in which the district court ordered increased staffing levels in open bay barracks prisons in Arkansas. The defendants appealed and the eighth …
Prisoners Retain Right to Safety
Article • April 15, 1997 • from PLN April, 1997
Filed under: Conditions of Confinement, Failure to Protect (General), Eighth Amendment, Summary Judgment
Prisoners Retain Right to Safety by The court of appeals for the second circuit held that a district court erred in dismissing a prisoner's failure to protect claim on the basis that the prisoner could not name his attackers beforehand. The court also held that district courts cannot resolve conflicting …
Double Celling States Eighth Amendment Claim
Article • April 15, 1997 • from PLN April, 1997
Filed under: Conditions of Confinement, Totality of Conditions, Overcrowding, Eighth Amendment, Exercise, Law Library Access/Adequacy, Failure to Protect (Juveniles)
Double Celling States Eighth Amendment Claim by The court of appeals for the third circuit set forth the conditions under which double celling will violate the eighth amendment. The court also held that segregation prisoners are entitled to legal assistance to present their claims to the courts. Several New Jersey …
No Immunity for Eighth Amendment Violation in Rectal Search
Article • April 15, 1997 • from PLN April, 1997
Filed under: Searches, Body Cavity Searches, Eighth Amendment, Juries, Qualified Immunity
No Immunity for Eighth Amendment Violation in Rectal Search by The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The …
Denial of Medical Diet States Claim
Article • March 15, 1997 • from PLN March, 1997
Filed under: Medical, Respiratory, Gastrointestinal, Food, Eighth Amendment, Supervisory Liability, Municipal Liability
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Detainee Excessive Force Jury Instructions Reversed
Article • March 15, 1997 • from PLN March, 1997
Filed under: Eighth Amendment, Jail Specific, Guard Brutality/Beatings, Civil Procedure, Defenses, Jury Instructions, Qualified Immunity
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Gas Chamber Found Unconstitutional
Article • November 15, 1996 • from PLN November, 1996
Filed under: Conditions of Confinement, Toxic Fumes/Chemicals, Eighth Amendment, Death Penalty
Gas Chamber Found Unconstitutional by The court of appeals for the ninth circuit affirmed a lower court ruling that held the California gas chamber was an unconstitutional form of execution that violated the eighth amendment. In the November, 1995 issue of PLN we reported Fierro v. Gomez, 790 F. Supp. …
Macing and Restraints State Eighth Amendment Claim
Article • November 15, 1996 • from PLN November, 1996
Filed under: Injury -- Misc., Eighth Amendment, Excessive Force, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints
Macing and Restraints State Eighth Amendment Claim by The court of appeals for the fourth circuit held that not allowing a prisoner to wash after being maced and placing him in four point restraints created a fact question requiring a trial to determine if his eighth amendment rights were violated. …
Asbestos Exposure Violates Eighth Amendment
Article • September 15, 1996 • from PLN September, 1996
Filed under: Work, Prison Labor, Work Conditions/Safety, Eighth Amendment, Asbestos
Asbestos Exposure Violates Eighth Amendment by The court of appeals for the ninth circuit held that exposing prisoners to asbestos violates the eighth amendment. Clarence Wallis is an Oregon state prisoner assigned to a cleanup crew. His work detail was ordered to remove asbestos hanging off pipes, without any type …
NSP Double Celling Order Vacated
Article • September 15, 1996 • from PLN September, 1996
Filed under: Conditions of Confinement, Failure to Protect (General), Overcrowding, Eighth Amendment, Injunctions
NSP Double Celling Order Vacated by The court of appeals for the eighth circuit held that a district court had to reconsider prisoners' double celling claims under the supreme court's ruling in Farmer v. Brennan, 114 S.Ct. 1970 (1994). This case arises from a class action suit filed by prisoners …
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