Skip navigation

Search

127 results
Page 5 of 7. « Previous | 1 2 3 4 5 6 7 | Next »

Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Compelled Oral Sex Satisfies PLRA's "Physical Injury" Requirement by The United States District Court for the Northern District of Florida, denying a defendant's motion for partial judgment on the pleadings, has held that compelled oral sex constitutes "physical injury" for purposes of the Prison Litigation Reform Act's (PLRA's) requirement that …
Article • June 15, 2003 • from PLN June, 2003
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
Prisoner Rights Litigation, John R. Williams, 2003 PRISONER RIGHTS LITIGATION John R. Williams 51 Elm Street New Haven, CT 06510 203.562.9931 Fax: 203.776.9494 E-Mail: jrw@johnrwilliams.com Because prisoners do not forfeit all civil rights upon conviction, other actions under Section 1983 also are available even to sentenced inmates. There is no …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
PLRA Requires More Than De Minimus Physical Injury by The Ninth Circuit Court of Appeals has held that 42 U.S.C. §1997e(e) requires a prisoner demonstrate more than de minimus physical injury to receive compensatory damages for mental and emotional claims. Pre-trial detainee Eric Oliver filed a civil rights action alleging …
Article • February 15, 2003 • from PLN February, 2003
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Article • June 15, 2002 • from PLN June, 2002
$1,500 Awarded in New York Slapping Case by A New York federal district court has held that minor injury incurred from excessive force by a prison guard is actionable, and awarded damages after a bench trial. The court found it was undisputed that while prisoner Larenzo Romaine was housed at …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
Article • March 15, 2002 • from PLN March, 2002
Third Circuit Holds PLRA Bars Claims for Compensatory Damages by Third Circuit Holds PLRA Bars Claims For Compensatory Damages by Matthew T. Clarke The Third Circuit Court of Appeals has held that although the Prison Litigation Reform Act (PLRA) barred a prisoner from recovering compensatory damages for violations of his …
Article • December 15, 2001 • from PLN December, 2001
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit …
Article • July 15, 2001 • from PLN July, 2001
Non-Physical Damage Claims Barred Until Released by The Court of Appeals for the Eleventh Circuit has held that a lawsuit which seeks damages for emotional and mental claims filed by a prisoner while confined are barred, but the same claim can be pursued if filed after release. Eleven Georgia prisoners …
PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
Page 5 of 7. « Previous | 1 2 3 4 5 6 7 | Next »