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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 …
Supreme Court Slams Conditions Case by Just before finishing its last session, the United States Supreme Court handed down a ruling making it more difficult for prisoners to challenge the constitutionality of prison conditions. The five to four decision held that prisoners must prove that prison officials not merely maintained …
Article • August 15, 1991 • from PLN August, 1991
Prisoners Must Be Fed by Alvin Cooper was a pre-trial detainee in Texas and filed a § 1983 suit claiming that jail guards were refusing to feed him. The officials did not deny the allegation but claimed Cooper wasn't fed because he refused to appear fully dressed at all meals. …
Article • May 15, 1991 • from PLN May, 1991
Exposure to Secondary Smoke Found Unlawful by Exposure To Secondary Smoke Found Unlawful The federal 9th Circuit Court of Appeals has ruled that exposing prisoners to ETS (Environmental Tobacco Smoke) violates the 8th amendments right for prisoners to be free from cruel and unusual punishment. The Court has decided that …
Article • February 15, 1991 • from PLN February, 1991
Nutraloaf and the Law in the Northwest by Wasseneh Taddasse Nutraloaf And The Law In The Northwest By Wasseneh Taddesse Nutraloaf is a dog-food type substance fed to prisoners on segregation status, generally to those who have committed some additional infraction while on that status. As with all repressive measures, …
Article • December 15, 1990 • from PLN December, 1990
Magistrate Recommends Continued Single Celling at Reformatory by Ed Mead There has been a long and bitterly fought struggle by prisoners at the Washington State Reformatory to enforce a consent decree mandating single celling. The consent decree is a product of a 1978 civil rights complaint filed by Evergreen Legal …
Article • October 15, 1990 • from PLN October, 1990
Prisoners Can't Be Punished for Refusing to Perform Unconstitutional Assignment by Prisoners Can't Be Punished For Refusing To Perform Unconstitutional Assignment In a recent decision by the U.S. Court of Appeals, Fruit V. Norris, 905 F2nd 1148 (8th Cir. 1990), the court held that "prison inmates are protected from punishment …
$241,000 Damages Upheld in Beating by $241,000 DAMAGES UPHELD IN BEATING A prisoner riot broke out when thirty prisoners forced their way into an area where they fought guards who were trying to remove a drunken prisoner. During the fight, one guard was fatally stabbed and several others wounded. When …
Article • May 15, 1990 • from PLN May, 1990
Filthy Cell Violates Eighth Amendment by . A prisoner brought a civil rights action against the supervisory officers at the facility at which he was confined, claiming a violation of his rights under the Eighth Amendment to be free of cruel and unusual punishment. A federal appeals court found in …
Baraldini v. Messe, DC, Superseding Memo Opinion, Violating Amendment Rights, 1988 691 F.Supp. 432 (1988) Silvia BARALDINI, et al., Plaintiffs, v. Edwin MEESE, Attorney General of the United States of America, et al., Defendants. Civ. A. No. 88-0764. United States District Court, District of Columbia. July 19, 1988. 433 *433 …
Brief • February 25, 1987
Bruscino v. Carlson, CA, Motion for Relief for Brutality, Conditions of Confinement, 1987 654 F.Supp. 609 (1987) Ronnie BRUSCINO, et al., Plaintiffs, v. Norman CARLSON, et al., Defendants. Civ. No. 84-4320. United States District Court, S.D. Illinois, Benton Division. February 25, 1987. 611 610 *610 *611 Nancy Horgan, Donna Kolb, …
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