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Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor On November 8, 2007, a federal jury awarded a California state prisoner $39,011 for injuries he suffered due to being placed in retaliatory extended lockdowns that prison officials initiated following assaults on staff by …
Fulton County Jail Consents to Improve Dismal Conditions by David Reutter The Fulton County Jail (FCJ) has entered into an agreement to correct the “dismal environmental conditions and poor maintenance” at the facility. A Georgia federal district court approved a consent order on February 7, 2006 to solidify the badly …
Monterey County Grand Jury Report Blasts Two California Prisons by Marvin Mentor In its 2006 report on Monterey County?s two state prisons (Salinas Valley State Prison (SVSP) and the Correctional Training Facility (CTF)), the Monterey County Grand Jury made 23 findings and 13 recommendations for SVSP plus 5 findings and …
One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
New Jersey Jail Conditions Suit Goes Forward by The plaintiffs failed to prove that sleeping on two and a half inch-thick mattresses on the floor for months caused their lower back pain. Lack of pillows did not rise to a constitutional level. Food (459): A complaint based only on the …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Article • May 15, 2007
Due Process Violated by Property Confiscation by The court of appeals for the Seventh circuit upheld a challenge to lockdown conditions at the USP in Marion, IL imposed after two guards and a prisoner were killed at the prison in 1983. The court held that a lower court erred in …
Marion Lockdown Upheld, BOP Must Follow Own Rules by The court of appeals for the Seventh circuit held that the Marion lockdown, started in 1983, did not violate the due process or Eighth amendment rights of prisoners. The ban on group religious services was constitutional as was the denial of …
Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons by Marvin Mentor by Marvin Mentor Los Angeles (L.A.) County jail prisoners have been locked in interracial gang-controlled violence for the past year, and the unrest has spread to other jails and into California state prisons as prisoners …
Article • July 15, 2006 • from PLN July, 2006
Unconstitutionality of Lockdown of California Hispanics Upheld On Appeal by Marvin Mentor The California Court of Appeal upheld the Del Norte County Superior Courts 2003 ruling [case no. HCPB 00-5164] requiring supermax Pelican Bay State Prison (PBSP) officials to cease locking down Southern Hispanic prisoners endlessly solely based upon their …
Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail …
Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000 by Government Says No Criminal Conduct in New Jersey Mass Prisoner Beating, But Jury Awards Abused Prisoner $19,000; Sexual Harassment Suit Settled for $250,000 by Matthew T. …
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned …
Over 600 Prisoners Brutalized by New Jersey Prison Guards by Gary Hunter On April 25, 2003, acting Attorney General Peter C. Harvey announced he would reopen a criminal investigation in which New Jersey prison guards reportedly brutalized over 600 prisoners. When guard Fred Baker was stabbed to death in 1997, …
California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor A Del Monte County, California superior court ruled on December 10, 2002 that a three year lockdown of "Southern Hispanics" at maximum security Pelican Bay State Prison (PBSP) …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
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