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Hog-Tying Violates 8th Amendment by Eugene Littlewind is a North Dakota state prisoner. In 1988 Littlewind and three other prisoners attacked a guard in the North Dakota Penitentiary segregation unit. After the attack, Littlewind cooperated with guards and was taken to the prison's observation unit. Once there he was stripped …
Article • April 15, 1994 • from PLN April, 1994
Report on Indiana Control Unit Issued by The Coalition Against Indiana Control Units (CAICU) has issued it's report Human Rights Violations and Torture on the Rise at the Maximum Control Complex at Westville, IN: Profile of a Supermax . The report details and documents the conditions of confinement suffered by …
Article • April 15, 1994 • from PLN April, 1994
Legal News in Brief - 9th Cir. Amends LeMaire Opinion by The Court of Appeals for the ninth circuit recently amended an opinion concerning the constitutionality of conditions in the Oregon State Penitentiary's (OSP) Disciplinary Segregation Unit (DSU). PLN reported the decision in Vol. 5, No. 1 (January, 1994). The …
Article • April 15, 1994 • from PLN April, 1994
Infestation Violates 8th Amendment by Several pretrial detainees in the Cook County jail in Chicago filed suit over rodent infestation at the jail. Several of the plaintiffs claimed they had been bitten by rats, one was attacked by a swarm of mice. Administrative grievances and complaints to jail officials failed …
Langford v. Bullock, MT, Fifth Amended Complaint, ADA Compliance, 1993 t Langford v. Racicot PC-MT-001-001 1 2 3 4 5 6 7 8 "lark J. Lopez idward I. Koren National Prison Project the American Civil Liberties Jnion Foundation L875 Connecticut Ave., NW Washington, DC 20009 Telephone: 202/234-4830 Edmund F. Sheehy, …
Article • December 15, 1993 • from PLN December, 1993
Prison Medical Treatment Law Explained by APennsylvania state prisoner brought a 42 U.S.C. § 1983 complaint against a prison doctor and hospital administrator, alleging that the medical treatment provided to him violated the eighth amendment to the U.S. constitution. The defendant hospital workers moved to dismiss the complaint pursuant to …
Article • October 15, 1993 • from PLN October, 1993
Denial of Physical Therapy Shows Deliberate Indifference by Joel Durmer was a New Jersey state prisoner. Shortly before being imprisoned he suffered two strokes which left him weakened and partially paralyzed. His treating physician prescribed extensive physical and water therapy which he received until he entered the DOC's custody. After …
Article • October 15, 1993 • from PLN October, 1993
Prohibition of Beatings Well Established Law by Steven Hill was a jail prisoner in the Tazewell County, IL, jail. When ordered to leave his cell to clear it for another prisoner Hill questioned why he was being moved. William Shelander, a guard, responded by grabbing Hill's hair and shoulder, pulling …
Article • September 15, 1993 • from PLN September, 1993
Exposure to Secondary Smoke Can State Claim by Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate's and other inmates' cigarettes posed an unreasonable …
Section 1988 Attorney Fee Awards Explained by In two cases involving attorney fee awards for class action prison civil rights suits the ninth circuit court of appeals clarified and explained the standards district courts should follow when they award attorney fees to the prevailing party. In Gates prisoners at Vacaville, …
Article • August 15, 1993 • from PLN August, 1993
Florida Conditions Lawsuit Settled After 21 years by After 21 years of protracted, time consuming and tedious litigation involving three correction's secretaries, four governors, thousands of inmates and millions of dollars, the Department of Corrections of Florida has finally resolved the legendary Costello lawsuit. "For the first time in 21 …
Deliberate Indifference Standard in Medical Cases Explained by John McGuckin is an Arizona state prisoner. In 1986 he was injured while in a prison camp. He did not receive medical treatment for his injuries, which by now included massive herniation of his back and upper torso, until 1989, three and …
Outside Strip Search Constitutes Excessive Force by Michael Cornwell is an Ohio state prisoner. In February, 1987, while in prison in Mansfield, he participated in a sit down strike with 76 other prisoners protesting a cutback in recreation time. Dahlberg, the prison warden, ordered guards to use force to terminate …
Inhumane Conditions Suit Requires Trial by Marshal Jackson, an Indiana state prisoner filed suit on the subhuman prison conditions he was subjected to in the Indiana penal system. He claimed he was forced to live with filth, inadequate plumbing, roaches, rodents, poor lighting, inadequate heating, rusted out toilets, drinking water …
Indiana Control Unit Prisoners File Suit and Strike by Paul Wright On May 4, 1992, the Indiana Civil Liberties Union filed a class action suit in the Marion County, Indiana, Superior Court. The action is Taifa Vs. Bayh, and challenges numerous conditions of confinement at the Westville, IN, Maximum Control …
Pelican Bay Conditions Suit Filed by The Pelican Bay Information Project (PBIP) is an independent citizens' group that has formed in response to the complaints of prisoners. The group is composed of prison visitors, writers, ex-prisoners, lawyers and human rights advocates. Since Pelican Bay's 1250 cell Security Housing Unit (SHU) …
Article • April 15, 1992 • from PLN April, 1992
Claims Regarding Conditions in State Prison Were Sufficient to Survive Summary Judgment by On December 30th the U.S. Court of Appeals for the Fourth Circuit provided some illumination as to what sort of allegations by an inmate regarding allegedly unconstitutional prison conditions are adequate to withstand a motion by prison …
Article • April 15, 1992 • from PLN April, 1992
Guard Liable for Hitting Prisoner by Guard Liable For Hitting Prisoner Ronald Neal is a Michigan state prisoner who was punched in the groin by a prison guard. Neal filed suit under 1983 claiming that his 8th amendment and due process rights had been violated, he also included a pendent …
Prison's TB Response Legally Inadequate by Prisoners at a Minnesota correctional facility filed a class action lawsuit challenging the tuberculosis screening and control procedures at the prison as so inadequate that they constituted cruel and unusual punishment in violation of the eighth amendment. The trial court agreed with the inmates, …
Article • December 15, 1991 • from PLN December, 1991
Guards Liable for Harassing Searches of Cell by Guards Liable For Harassing Searches Of Cell Although searches of a prisoners' cell do not violate the fourth amendment, they can be "punishment" under the eighth amendment. Searches of a prisoner's cell conducted in order to harass the prisoner in retaliation for …
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