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No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
Article • May 15, 2007
Consent Decree Deadlines Extended Due to Attorney Conduct by In litigation by African-American farmers against the Department of Agriculture alleging racial discrimination in lending practices, a consent decree was entered. After class counsel's failure to meet crucial deadlines, the district court interpreted the decree to allow extension of the deadlines …
Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
Settlement Reached In Indiana Juvenile Conditions Of Confinement Action by On February 8, 2006, the Indiana Department of Corrections (IDOC) reached a settlement agreement with the United States Department of Justice (DOJ) regarding conditions of confinement of juvenile prisoners at Logansport Intake/Diagnostic Facility and South Bend Juvenile Correctional Facility. The …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
NJ Jail Held in Contempt by A federal district court in New Jersey held that the Essex county jail was in contempt for not complying with orders to limit overcrowding and give prisoners outdoor exercise. Court had previously found conditions were deplorable and ordered relief. Court sanctioned jail with $1,476,800.00 …
Attorney Fees Deposited in Escrow Due to Defendant Intransigence by Florida jail prisoners successfully challenged unconstitutional jail conditions. The district court awarded $7,506.50 in attorney fees for post judgment work done to monitor the injunction and ordered the money deposited into a court escrow account due to the defendants' unwillingness …
Ruiz Attorney Fees Approved; State Fees Cap Invalid by Following a successful civil rights suit in which conditions in Texas prisons were declared unconstitutional and extensive remedial relief ordered via consent decree, the plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988. The court stayed the award …
Article • May 15, 2007
Consent Decree Entered Regarding Minnesota Prison Medical Care by On May 27, 1997, a consent decree enumerating the medical rights of prisoners in the Minnesota State Prison was entered in the District Court for the District of Minnesota. Plaintiffs, Minnesota state prisoners, brought an action under the Civil Rights Act …
Article • May 15, 2007
Fifth Circuit Upholds Refusal to Modify Ruiz Consent Decree by The court of appeals for the Fifth Circuit upheld a district Court ruling denying Texas prison officials' motion to modify prison conditions consent decree. Citing an unexpected, sharp rise in prisoner admissions, to the Texas prison system the defendants in …
Texas Prison Officials Held in Contempt in Prison Conditions Case by A federal district court Texas held Texas prison officials in contempt for procrastinating in implementing court-ordered prison reforms. The district court held that prison officials had deliberately ignored the court's orders in the following areas of controversy: (1) the …
Article • May 15, 2007
US Supreme Court Defines Standard For Consent Decree Modification by The US Supreme Court held that the Swift "grievous wrong" standard does not apply to requests to modify consent decrees that come from institutional reform litigation. The flexible standard adopted by the Supreme Court in this case states that a …
Article • May 15, 2007
Eleventh Circuit Overturns Order Prohibiting Access To Hearings, Documents by In this case brought by a newspaper publisher seeking to cover the enforcement of a consent decree concerning overcrowding in Alabama prisons, the U.S. Eleventh Circuit Court of Appeals reversed a district court's order prohibiting public access to court bearings …
Article • May 15, 2007
Police Surveillance Consent Decree Modified by The court directs modification of a consent decree intended to protect First Amendment activity against police surveillance by removing various onerous requirements ("a dizzying array of highly specific restrictions") while preserving the prohibition on investigations intended to interfere with or deter protected activity and …
Article • May 15, 2007
Consent Decree Modification Discussed by Consent decrees, being injunctions, can be modified, and their modification is reviewed for abuse of discretion only. However, they are also contracts, and that plus the concern that easy modification would deter settlements has led to "significant cabining" of district courts' discretion. But the old …
Article • May 15, 2007
Appeal Courts Have Jurisdiction Over Consent Decree Modifications by Courts of Appeals have appellate jurisdiction over modifications of decrees. At 1029: A Georgia district court's interpretation of a consent decree operates as a modification when it changes the legal relationship among the parties. . . . This determination is not …
Article • May 15, 2007
Court Lacks Jurisdiction to Enforce Settlement by An order which said that the case had been settled and was dismissed without prejudice to reinstate it if the settlement was not consummated did not confer jurisdiction on the district court in Pennsylvania to enforce the settlement. The court notes that it …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
Article • May 15, 2007
Kentucky Jail Officials Held in Contempt for Overcrowding by Kentucky Jail Officials Held in Contempt For Overcrowding A federal district court in Kentucky ordered Jefferson County, Kentucky, jail officials held in contempt for violating a consent decree that prohibited overcrowding in the county jail. The court held that while the …
Article • May 15, 2007
Consent Decree Modification Standard by Consent Decree Modification Standard Explained The court of appeals for the Fourth circuit, sitting en banc, held that a district court had properly modified a consent decree where Maryland prison conditions remained inhumane. Underlying suit over prison conditions was settled by consent decree, progress was …
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