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7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
Trial Required on Clothing Claim by When prison guards apply force maliciously and sadistically, they are violating the eighth amendment and can be held liable for their actions. Courtney Wilkens is a Missouri state prisoner. Prison guards claimed Wilkens was wearing gang colors in the prison dining hall and attempted …
Article • September 15, 1995 • from PLN September, 1995
Court Formulates New "Use of Force" Standard by While pretrial detainees are imprisoned against their will and in many cases are similar in circumstance to convicted detainees they are legally innocent of any crime. This is an important distinction when it comes to detainees litigating jail conditions. PLN regularly reports …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
Article • August 15, 1995 • from PLN August, 1995
8th Amendment Discussed by In a lengthy ruling a district court in Iowa gave an extensive discussion of the history of the eighth amendment and numerous cases regarding its application to medical neglect cases. This case is useful not so much for the facts or issues presented in the underlying …
Helms Amendment Ruled On by In the December, 1994, issue of PLN we analyzed various provisions of the federal crime bill that was passed that year. One of the provisions was the Helms amendment which limited the relief that federal courts could grant in class action suits brought by prisoners …
Qualified Immunity Granted for Denial of Exercise by In the May, 1994, issue of PLN we reported Allen v. City and County of Honolulu, 39 F.3d 936 (9th Cir. 1994) which held that prison officials were not entitled to qualified immunity for denying a segregated prisoner at least one hour …
Article • July 15, 1995 • from PLN July, 1995
Denial of Food May Violate Eighth Amendment by As district court in New York has held that depriving a prisoner of all meals for a two day period may violate the eighth amendment when imposed as a punitive sanction. Sean Williams is a New York prisoner confined in a control …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Article • February 15, 1995 • from PLN February, 1995
Exposure to Cold Illegal, Rectal Search Upheld by Ronald Del Raine is a long time PLN supporter and an even longer term prisoner at the US Penitentiary at Marion, Illinois. In 1984 Del Raine filed suit claiming that assorted guards and officials at Marion had violated his eighth amendment rights …
No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …
Tight Handcuffs State Claim by Ronald Davidson is a New York state prisoner. While being transported to the segregation unit of another prison he was handcuffed and shackled. The devices were so tight that they cut into Davidson s flesh and reduced circulation into his hands and feet, causing swelling. …
Federal Courts Must Rule on State Law Claims in Beating by Michael McLaurin is an Arkansas state prisoner. A prison guard accused McLaurin of stealing cigarettes from another prisoner despite assurances from both prisoners that McLaurin was only holding the cigarettes as a favor to the owner. The guard struck …
Article • November 15, 1994 • from PLN November, 1994
4th Circuit Clarifies Eighth Amendment Standard by In the May, 1994 issue of PLN we reported Norman v. Taylor, 9 F.3d 1078 (4th Cir. 1994) in which the appeals court reversed the dismissal of a Virginia jail prisoner's § 1983 suit which alleged that a jail sergeant had hit him …
Article • October 15, 1994 • from PLN October, 1994
Amnesty Criticizes OK Control Unit by On June 14, 1994, Amnesty International (AI) released a report harshly criticizing the control unit at the Oklahoma State Penitentiary (OSP) at McAlester. An AI investigation team toured the prison's H. Unit in March, 1994, and found that some 350 prisoners are held 23 …
Suit Filed Over Conditions at Virgin Islands Criminal Justice Complex by For almost two years, prisoners at Criminal Justice Complex have been locked up for 23 hours a day in overcrowded, filthy, rat and roach infested cells. They are only allowed out for a short period each day to shower …
Brief • July 27, 1994
Carruthers v. Cochran, FL, Consent Decree, Broward County Jail Conditions, 1994 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA OLLIE CARRUTHERS, et aJ., Plaintiffs, Case No. 76-CIV-WMH vs. RON COCHRAN, as Sheriff of Broward County, GERALD F. THOMPSON, SYLVIA POITlER, JOhN P. HART, SCOTT I. COW AN, LORI N. PARRISH, …
Article • July 15, 1994 • from PLN July, 1994
Texas Prison Reform Suit May Reopen by Tim Queen In 1972, a Texas state prisoner, David Ruiz, filed a lawsuit in Federal Court alleging many conditions in the Texas prison system violated the constitutional rights of those incarcerated. The suit was consolidated with other Texas prisoners' complaints and certified as …
Article • July 15, 1994 • from PLN July, 1994
Filthy Cell Standards Clarified by Two Nebraska jail prisoners, one convicted of a crime, one not yet convicted were moved into a jail cell containing a "toilet... covered with dried feces on both the inside and outside, the sink was covered with hair and vomit, the floor was covered with …
Suit Filed Against "Shoot to Wound" Policy by Suit Filed Against "Shoot to Wound" Policy The American Civil Liberties Union's National Prison Project, based in Washington, D.C., and Reno attorney Donald Evans filed a class action lawsuit in the U.S. District Court on May 16th, 1994 against the governor of …
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