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Article • May 15, 2007
Detention in Underwear Upheld by The plaintiffs, after arrest, were placed in jail cells in their underwear, and their outer clothing was removed in the presence of female officers. This allegedly was to prevent suicide (three of four plaintiffs refused to answer relevant questions), and they retained their underwear only …
BOP Prisoners Bunk Injury Dismissed Under FTCA by The plaintiff fell out of a bunk bed and injured his knee. He had an order to be placed in a lower bunk but didn't tell anybody about it. The order was in the prison computer but the responsible employee didn't look …
Article • May 15, 2007
$4,226 Awarded in Missouri Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
Article • May 15, 2007
$4,226 Awarded in Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a cell …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
Article • May 15, 2007
Jail Denial of Mattress States Claim, Okay to Strip Search Violent Arrestees by The court of appeals for the Ninth circuit held that a California pretrial detainee had stated a claim when he filed suit over the denial of a bed or mattress on the Los Angeles jail due to …
Damage Award in Denial of Clothes and Bedding Affirmed by The court of appeals for the Eighth circuit affirmed a district court verdict of $1,400 in favor of a Nebraska prisoner kept in solitary confinement in his underwear with no bedding besides a mattress for 14 days. The court held …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Article • May 15, 2007
Sleeping on Floor Violates Due Process Rights of Detainee by The court of appeals for the First circuit held that a federal pre trial detainee in New Hampshire had stated a claim for violation of his due process not to be punished until he is convicted of a crime when …
Article • May 15, 2007
Denial of Clothes Upheld by The court of appeals for the Eighth circuit held that making an Arkansas prisoner spend 14 days in his underwear in segregation, when absolutely no penological reason justified the denial of clothes, was constitutional where the prisoner had sheets and blankets and the cell was …
Exposure to Cold, Elements and Denial of Religious Activities States Claim by The court of appeals for the Fifth circuit held that a district court wrongly dismissed as frivolous a lawsuit by Texas prisoners claiming they were exposed to bitter cold, rain and wind through broken windows in the segregation …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Confinement in Strip Cells as Disciplinary Tool Unconstitutional by New York prisoners Mosher and Wright brought separate § 1983 actions, later consolidated, against a prison warden for Eighth Amendment violations stemming from their confinement in a strip cell." Strip cells are used for psychiatric observation; they are bare and have …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Sex Offender's Suit Over Conditions and Attack Dismissed by The plaintiff, known as a sex offender, was assaulted by other prisoners and was provided inadequate medical care. His medical claim fails because he sued the wrong people, and his inmate assault claim fails because the relevant events were time-barred. Also, …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Buford-Lewis v. Marion County, IN, Complaint, jail conditions, 2007 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 1 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 2 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 3 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 4 of 9 Case …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
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