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Settlement in Idaho Jail Condition Class-Action Suit by Matthew Clarke by Matt Clarke On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County …
Prison Health Care, Political Choice and the Accidental Death Penalty in Michigan by Elizabeth Alexander by Elizabeth Alexander1 In Hadix v. Caruso, I represent a class of prisoners in a decades-long case challenging conditions of confinement, including medical care, at various Michigan prison facilities.2 Since August 2006 I have been …
Hadix Litigation Winding Down by David Reutter by David M. Reutter After nearly thirty years, a class-action lawsuit challenging conditions of confinement at the State Prison of Southern Michigan-Center Complex is on the cusp of ending. The end is in sight not because prison officials have fully complied with a …
New York City Jail Conditions Still Unconstitutional a Quarter Century Later by After 25 years of litigation, officials overseeing New York City jails are still unable to provide environmental conditions that do not violate the constitutional rights of the pretrial detainees they hold. As such, a federal district court refused …
Conditions in Maricopa County, Arizona Jails Still Unconstitutional by Matthew Clarke by Matt Clarke On October 22, 2008, U.S. District Court Judge Neil V. Wake issued an 83-page order with findings of facts and conclusions of law in a long-running civil rights lawsuit against Maricopa County, Arizona Sheriff Joe Arpaio …
$3.6 Million Settlement in Michigan Prisoner’s Segregation Cell Death by The family of Timothy Souders has agreed to accept $3.25 to settle a wrongful death claim relating to Timothy’s death. Timothy, 21, was the subject of a May 2007 PLN cover article, and a February 11, 2007, report on 60 …
Substandard Pretrial Confinement Conditions Justify Downward Sentence Variance by by David M. Reutter A New Jersey federal district court has granted a downward variance to a federal prisoner’s sentence on the grounds that to do otherwise, when considering the pretrial conditions of confinement, would constitute excessive punishment. The court’s ruling …
$2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death by A Michigan federal jury awarded $2.75 million to a prisoner’s estate in a case claiming deliberate indifference to serious medical needs. The prisoner, Jeffrey Clark, was having mental health problems and died due to the effects of dehydration and inhumanely hot …
Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John Dannenberg Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals upheld a …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
Article • August 15, 2008
Factual Allegations Sufficient for Nutritional and Retaliation Claims to Proceed by by Robert Williams Holding that sufficient facts had been alleged, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court’s dismissal of a prisoner’s claim of inadequate nutrition and retaliation for filing grievances. Michael Strope, a …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Fulton County Jail Consents to Improve Dismal Conditions by David Reutter The Fulton County Jail (FCJ) has entered into an agreement to correct the “dismal environmental conditions and poor maintenance” at the facility. A Georgia federal district court approved a consent order on February 7, 2006 to solidify the badly …
Quadriplegic California Prisoner Baked to Death in Transport Van by A California state prisoner being transferred in 109-degree weather from a Central Valley prison to a remote desert facility baked to death in the back of a transport van after the air conditioning in the passenger section of the vehicle …
$140,000 Settlement in Death of Asthmatic Texas Prisoner by Michael Rigby The Texas Department of Criminal Justice will pay $140,000 to settle a federal lawsuit stemming from the needless asthma-related death of a prisoner at the McConnell prison unit in August 2004. At least six guards and a nurse were …
Article • May 15, 2007
$210,000 Awarded in Tennessee Jail Heat Stroke Death by A federal district court in Tennessee awarded $100,000 in compensatory and 110,000 in punitive damages to the children of a prisoner who died of heat stroke in the Chattanooga jail in Tennessee. Court held that jail's failure to take remedial action …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
Jail Closed Due To Living Conditions, Failure To Comply by The U.S. District Court for the Western District of Pennsylvania ordered the closing of a county jail due to unconstitutional living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate …
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