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Pretrial Cold Cell Violates Fourteenth Amendment by Ronald Young A federal district court in Illinois held that a pretrial detainee's alleged exposure to low temperature in a detention cell, while naked and with no alternative means of protecting himself from the cold, supported a claim of inadequate shelter against county …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
Prisoner Withstands Summary Judgment on Cell Condition Claim by A federal district court in Virginia held that a genuine issue of material fact as to whether a prisoner's cell was adequately heated, had bedding and was maintained in a sanitary condition, precluded summary judgment. Virginia Department of Corrections prisoner Robb …
Article • September 15, 1999 • from PLN September, 1999
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Washington Prisoners Damage Colorado Private Prison by Amajor prisoner uprising rolled through a for-profit prison at Olney Springs, Colorado, for six hours, causing extensive damage. State prison SWAT teams were called in from as far as 200 miles away to regain control of the prison. The incident took place Friday, …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
Article • May 15, 1998 • from PLN May, 1998
Unicor Steals Glove Business From Private Firms by The Genco Corporation of Tennessee is among 10 private firms that have contracts with the Defense Department to manufacture gloves for the U.S. military. Suppliers of military gloves are not a happy lot these days, though. Complaining loudly of unfair competition, the …
Article • March 15, 1998 • from PLN March, 1998
Struggle at Folsom by Willie Wisely by W. Wisely On August 11, 1997, almost 400 prisoners in California's New Folsom prison staged a one-day work strike to protest continuing elimination of privileges and programs. Six members of the Men's Advisory Committee were placed in administrative segregation, suspected of leading the …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
AL Jail Enjoined From Holding Prisoners Overnight by Afederal district court in Alabama held that conditions in the Pickens county jail in Carrolton, Alabama, were so abysmal it was not fit for human or animal habitation. Prisoners in the jail filed a class action suit challenging the conditions of their …
Article • December 15, 1997 • from PLN December, 1997
Leon County Employees Replaced by Slaves by Leon County, Florida, sheriff Larry Campbell beamed with pride as he watched one of his campaign promises come true. Fourteen zebra-striped prisoners filed onto a bus waiting to take them to their first day of forced labor clearing brush along county roads. Campbell …
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …
PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
Article • November 15, 1995 • from PLN November, 1995
Detainees Entitled to Hygiene Items by A district court in Illinois has held that pretrial detainees are entitled to clean linen and clothes on a regular basis as well as adequate ventilation, medical treatment and food. The court begins its ruling with a quote by Dr. Karl Menninger who described …
Article • October 15, 1995 • from PLN October, 1995
Gunslingers Dressed in Hot Pink by Alabama has been in the forefront of new, not necessarily good, ideas lately. The state that brought back chain gangs has announced, in May, 1995, that it will begin dressing male prisoners who habitually expose themselves to female guards in hot pink pants and …
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 …
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