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Alabama Segregation Mail Ban, Conditions, Unconstitutional by The Fifth Circuit Court of Appeals held that conditions of segregation and prohibitions of mail receipt by segregation prisoners at the Holman Unit of the Alabama State Penitentiary were unconstitutional. This appeal was consolidated to include several actions filed by prisoners alleging unconstitutional …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Article • May 15, 2007
Female Staff Removed From CA Youth Living Units by The California Third District Court of Appeal issued a writ of habeas corpus requiring all female staff be removed from the DeWitt Nelson Training Center living units and areas of gymnasium sanitary facilities. Male juvenile detainees were forced to disrobe, bathe, …
Article • May 15, 2007
Guard's Employment Rights Trump Prisoners' Privacy Rights by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. p1983 complaint when male guards were assigned to their housing and medical units at night. The prisoners claimed that their constitutional rights to privacy were being violated …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
Court Rejects Mental Patient's Toilet Deprivation Suit by The plaintiff, an involuntarily committed psychiatric patient, urinated on himself when an aide did not let him go the bathroom immediately. His claim is adjudicated under the Eighth Amendment, even though it is inapplicable to mental patients, because neither party questioned its …
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 …
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
Female Guards Can Observe Naked Male Prisoners by The court of appeals for the Ninth circuit held that no constitutional right was violated by a California prison policy/practice of allowing female guards to routinely view naked and partially naked male prisoners showering, dressing, being strip searched and using the toilet. …
Article • May 15, 2007
Lack of Toilets in Cells Unconstitutional by The Supreme Judicial Court of Massachusetts, Suffolk, held that the lack of toilets and hot and cold running water at an Essex County jail constituted cruel and unusual punishment in violation of the Eighth Amendment and the Massachusetts Declaration of Rights as measured …
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 …
Article • May 15, 2007
$150,000 Paid in Guard's Assault of Florida Jail Prisoner by While held at Florida's Duval County Jail in April 1991, a 39-year-old detainee requested to use the rest room. His second request was granted, but he had to urinate at the far end of the outdoor compound. Later, he had …
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 …
Reflections on Katrina’s First Year: The Story of Chaos and Continuing Abuse in One of America’s Worst Justice Systems by Bob Williams Reflections on Katrina's First Year: The Story of Chaos and Continuing Abuse in One of America's Worst Justice Systems by Bob Williams As America reflected on Hurricane Katrina's …
Article • February 15, 2007 • from PLN February, 2007
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
Muslim Prisoner Attacked by Other Muslims May Sue Prison for Failure to Protect by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that a California Muslim prisoner who was attacked by fellow Muslims stated two Eighth Amendment claims against prison officials by alleging that (1) they failed to …
CCA Florida Jail Operations: An Experiment in Mismanagement by David Reutter by David M. Reutter After being in business for twenty-three years, one would think that Corrections Corporation of America (CCA) would have refined the art of running prisons and jails. Yet an examination of CCA's three jails in Florida …
Dittimus-Bey v. Taylor, NJ, Amended Complaint, Jail Conditions, 2006 Case 1:05-cv-00063-JBS-JS Document 60 Filed 03/31/06 Page 1 of 21 PageID: 248 TRUJILLO RODRIGUEZ & RICHARDS, LLC Lisa J. Rodriguez Nicole M. Acchione 8 Kings Highway West Haddonfield, NJ 08033 (856) 795-9002 Counsel for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
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