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America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
$3 Million Award Not Excessive in Prisoner Beating Death by The US Court of Appeals for the Sixth Circuit upheld a $778,000 verdict and $2.2 million punitive damage award against Shelby County, Tenn. deputy sheriff Rhett Shearin and life prisoner Jerry Ellis in a county jail beating death where Shearin …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
Summary Judgment Reversed on Fact Issues of Guards' Failure to Protect Prisoner by Bob Williams The Seventh Circuit court of appeals has reversed summary judgment where issues of material fact remain concerning guards' deliberate indifference to a prisoner's safety in a failure to protect case. Bryan Case, an Illinois state …
Article • April 15, 2000 • from PLN April, 2000
Virginia Court Requires Pro Se Prisoner Plaintiff to Appear Via Video Conference by by Matthew T. Clarke A federal district court in Virginia has held that a pro se prisoner must present his civil rights case to the jury via video conferencing. Michael S. Edwards, a Virginia state prisoner, filed …
Article • March 15, 1998 • from PLN March, 1998
Tax Court Required to Assist in Witness Subpoena by The court of appeals for the ninth circuit held that a tax court's refusal to honor subpoenas filed by an indigent pro se prisoner litigant, without prepayment of the witness and mileage fees, violated the prisoner's right of access to the …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Knowledge of Risk May Establish 8th Amendment Liability by The court of appeals for the sixth circuit held that a prison investigator's report indicating a prisoner was at risk of attack was sufficient to establish eighth amendment liability on the part of supervisory prison officials, if they read it. The …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Article • July 15, 1997 • from PLN July, 1997
State Must Pay for Prisoner Witnesses by A federal district court in California held that courts may issue writs of habeas corpus ad testificandum to ensure prisoner witnesses are produced to testify in court on behalf of a prisoner plaintiff. The court also held that the cost of transporting and …
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict against prison official defendants finding that they were deliberately indifferent to a prisoner's safety by leaving him in a cell with a mentally ill prisoner who later tried …
Article • December 15, 1996 • from PLN December, 1996
Transportation Costs Can't Be Imposed on Losing Plaintiffs by The court of appeals for the seventh circuit affirmed a district court ruling holding an unsuccessful prisoner plaintiff was not liable for costs incurred in transporting him and his witnesses to trial. Bill Sampley, a PLN supporter, and Michael Holland are …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Witnesses
Criminal Conviction Inadmissible Evidence by A federal district court in Pennsylvania ruled in favor of a prisoner's motion in limine to prevent prison officials from introducing evidence about his criminal history to impeach his testimony. This ruling will prove useful to any prisoner litigating a civil rights claim as all …
$460,800 Verdict in Ohio Beating Affirmed by A district court in Ohio denied prison officials' motion for a new trial and affirmed a jury verdict of $460,800 to two Ohio state prisoners who had been beaten by prisoner guards. In the January, 1995, issue of PLN we reported the jury …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Article • December 15, 1994 • from PLN December, 1994
Obtaining Prisoner Witnesses by This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions …
New Trial Required for Improper Testimony by Michael Kemp is a Missouri state prisoner. He filed suit under § 1983 claiming that a prison guard, Antonio Balboa, had confiscated his epilepsy medication and flushed it down the toilet. This resulted in Kemp having epileptic seizures during which he injured himself. …
MDOC Sanctioned for Ex Parte Contacts with Prisoners in Court Cases by Over eight years ago, lawyers from the Michigan Attorney General's office sent interrogatories directly to prisoners about the Knop v. Johnson case without notifying the plaintiffs' lawyers. Judge Enslen entered a protective order on February 19, 1986, and …
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