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CDC Consent Decree Contempt Vacated by The court of appeals for the ninth circuit held that before a party can be held in contempt for violating a consent decree, the decree must set forth the required conduct in specific detail. Prisoners at the California Medical Facility (CMF) in Vacaville filed …
Philadelphia Fined for Degrading City Prisons by A Philadelphia common pleas court panel fined the city $2.2 million for "degrading" conditions in the city's prisons. The judgment, passed down by a three judge panel in early October, 1996, was accompanied by a contempt of court citation for the city. The …
Massachusetts Phone Injunction Affirmed by The court of appeals for the first circuit affirmed a district court's contempt finding against prison officials concerning the monitoring and taping of prisoners' phone calls. In 1979 William Langton and David LeBlanc filed suit against Massachusetts prison officials over the interception and monitoring of …
Arizona Held in Contempt over Masters' Fees by In the October, 1995, issue of PLN we reported the ongoing war between the Arizona DOC (ADOC) and the federal judiciary as prison officials sought to evade compliance with federal court orders. Because the Arizona DOC has not been willing to comply …
Contempt Ruling Against LA Prisoncrats by U.S. district judge Frank Polozola ruled that Louisiana Secretary of Corrections Richard Stalder and Angola Warden Burl Cain be held in contempt. He ordered them each to contribute $1,000 to a victim compensation fund. Stalder, Cain, other wardens, assistant wardens and assorted prisoncrats were …
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …
Article • February 15, 1996 • from PLN February, 1996
Alaska Overcrowding Fines Increase by In the November 1995, issue of PLN we reported on prison overcrowding in Alaska. In 1981 Alaska prisoners filed a class action suit challenging overcrowding and conditions in the prison system. The prisoners won most of the suit, the key aspect was a court ordered …
Population Cap, Fines Affirmed by The court of appeals for the fifth circuit has affirmed a district court ruling which set population caps on the population of a county jail and imposed fines for each prisoner over the cap held at the jail. The court also affirmed the lower court …
Contempt Finding Reversed by In 1980 prisoners at the Iowa State Penitentiary (ISP) entered into a consent decree, Dee v. Brewer, with prison officials which prohibited guards from searching or removing prisoners legal papers from their cells when the prisoner was not present, unless exigent circumstances existed. In 1993 ISP …
WA DOC Sanctioned in Grievance Mail Case by In the September, 1994, issue of PLN we reported OKeefe v. Murphy, the unpublished case by US District Judge Alan McDonald which held that prisoners mail to and from different government agencies was entitled to confidential treatment, i.e. being opened only in …
MS Jail Officials Held in Contempt by In l978 prisoners at the Madison County jail in Mississippi filed a class action suit challenging conditions at the jail. Prior to going to trial the parties negotiated a consent decree incorporating a wide range of issues, everything from racial discrimination to the …
Women Prisoners Entitled to Equal Education by This is a precedent setting case that should be read and studied by women prisoners who are denied educational opportunities comparable to those offered to male prisoners. This ruling applies to state prisons who receive federal funding and who provide educational programs. Since …
Attorney Fees for Contempt Hearing by Jail prisoners of the Natrona County jail in Wyoming initiated contempt proceedings against jail officials for not having complied with the terms of a consent decree entered into between prisoners and jail officials over jail conditions. The district court concluded that the county jail …
Article • October 15, 1994 • from PLN October, 1994
Court Returns Fines by In 1976, prisoners of the Allegheny County Jail in Pennsylvania filed suit against their keepers over unconstitutional jail conditions. Over the next 18 years of litigation, the court imposed $2,729,300 in fines against county officials who refused to abide by court orders to alleviate overcrowding and …
OR DOC Held in Contempt for Retaliatory Transfer by In 1988 Arlen Smith and several other Oregon state prisoners sought judicial review of Oregon DOC administrative regulations in Oregon state courts. Shortly before the briefs were due, Smith, the initiator of the litigation, was transferred to the Nevada state prison …
The ACLU Takes Indiana Prison Officials to Court by Mentally ill prisoners shackled to their beds, sick prisoners denied treatment, indigent prisoners forced to pay for medication or do without -- these and other deplorable conditions at the Westville Correctional Center have forced attorneys for the prisoners to return to …
Article • May 15, 1994 • from PLN May, 1994
Consent Decree Creates Right to Uninspected Legal Mail by In 1976 prisoners at the Indiana State Reformatory in Pendleton, IN filed suit challenging the conditions at the prison. In 1977 the parties entered into a consent decree settling the suit. With respect to legal mail the decree provided that it …
Money Damages Available for Consent Decree Violations by Two prisoners at the Georgia State Prison (GSP) filed suit under § 1983 concerning the confiscation of personal property and the procedures at prison disciplinary hearings. In the mid-70's these issues had been litigated as part of a class action suit by …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
Contempt Order Appropriate for Consent Decree Violation by Contempt Order Appropriate For Consent Decree Violation In 1978 San Francisco jail prisoners filed suit over jail conditions. In 1982 the parties entered into a consent decree that included a limit on the number of prisoners that could be housed in the …
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