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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 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 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 …
Article • April 15, 1997 • from PLN April, 1997
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 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 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 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 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. …
Article • September 15, 1996 • from PLN September, 1996
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 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 …
Guards' Smoke Violates Eighth Amendment by A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other …
Beating Shackled Prisoners States Claim by A federal district court in Georgia held that the eighth amendment prohibits the beatings of handcuffed and shackled prisoners. Federal prison employees are not immune to state law claims of assault and battery. The case involves two federal prisoners at the US Penitentiary in …
Warden Liable for Prison Rape by The court of appeals for the sixth circuit held that supervisory prison officials can held liable under the eighth amendment when they ignore the risk of sexual assault to vulnerable prisoners that are later raped. Timothy Taylor is a Michigan state prisoner who is …
Failure to Protect States Claim by The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a …
Chemical Toilets May Violate Eighth Amendment in Massachusetts Class Action by A federal district court in Massachusetts has set for trial a class action suit by state prisoners claiming that chemical toilets pose a health hazard that violates the eighth amendment's ban on cruel and unusual punishment. Also to be …
Lucas v. White, CA, Complaint, Abuse of Inmates, 1996 1 2 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 DONNA PETRINE - 154833 M.J. TONY PAIKEDAY - 176051 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 3 4 5 LAW OFFICES OF GERI L. GREEN …
Genital Groping States Claim by A federal district court in New York held that a prisoner's allegations of sexual harassment state a claim for a violation of the eighth amendment. Julio Hunt, a New York state prisoner, filed suit claiming that he had his penis and testicles squeezed and rubbed …
No Jurisdiction for Some Qualified Immunity Appeals by The court of appeals for the fourth circuit held that it lacked jurisdiction to hear an appeal by prison officials accused of being deliberately indifferent to the safety of a prisoner where they stood by while he was attacked and stabbed by …
No Specific Intent Required for 8th Amendment Claim by The ninth circuit has held that for prison guards to violate the eighth amendment's ban on excessive force they need only have an intent to cause harm and do not need an intent to harm a specific, individual prisoner. This right …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
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