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United States Sues Georgia County Jail over Unconstitutional Medical and Living Conditions by John Dannenberg by John E. Dannenberg Using its investigative powers under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, the U.S. Dept. of Justice (DOJ) investigated conditions at the Terrell County, Georgia jail …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Article • July 15, 2007 • from PLN July, 2007
Washington State’s Federal Oversight of Sexually Violent Predators Ended by John Dannenberg Washington State's Federal Oversight of Sexually Violent Predators Ended by John E. Dannenberg After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator …
Article • June 15, 2007 • from PLN June, 2007
The Political Economy of Prison and Jail Litigation by Margo Schlanger by Margo Schlanger* This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great …
Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
Article • June 15, 2007 • from PLN June, 2007
Phoenix, Arizona Sheriff’s Policy Delaying Prisoners’ Elective Abortions Enjoined by John Dannenberg Phoenix, Arizona Sheriff's Policy Delaying Prisoners' Elective Abortions Enjoined by John E. Dannenberg Maricopa County, Arizona Sheriff Joe Arpaio's policy that required a female prisoner seeking an elective abortion to first obtain a court order for this procedure …
Article • May 15, 2007
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
PI Granted on Refusal to Deliver Prisoner's Mail Due to Name Change by The Ninth Circuit Court of Appeals held that a California prisoner was entitled to a preliminary injunction against prison practices that had the effect of interfering with his access to the court. "The gist of this case …
Supreme Court Holds Double Celling Not Unconstitutionally Cruel and Unusual by The U.S. Supreme Court held that the policy of "double celling" did not constitute cruel and unusual punishment. Prisoners in an Ohio state maximum security prison brought action under 42 U.S.C. § 1983 against state officials alleging that policy …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Federal District Court Orders Missouri's Platte County Jail Closed by The United States District Court for the Western District of Missouri ordered the Platte County Jail closed due to substandard conditions. Platte County jail prisoners filed suit under 42 U.S.C. §1983 against the jail, claiming violations of the Eighth Amendment's …
Article • May 15, 2007
Standard for Injunctive Relief Defined by The United States Supreme Court held that to have standing for injunctive relief a party must satisfy the threshold requirement imposed by Article III of the Federal Constitution by alleging an actual case or controversy." A plaintiff must show that he has sustained or …
Article • May 15, 2007
Second Circuit: Lack of Standing Invalidates Strip Search Ban by On January 20, 2004, the U.S. Second Circuit Court of Appeals held that a federal district court's order enjoining a New York county jail from performing unconstitutional strip searches was erroneous because the plaintiff lacked standing. In July 1995, attorney …
Article • May 15, 2007
Order Closing Missouri's Platte County Jail Affirmed on Appeal by The United States Court of Appeals for the Eighth Circuit affirmed a federal district court's order closing the Platte County Jail. Platte County Jail prisoners brought an action against the jail for violation of their Eighth Amendment right against cruel …
Injunctive Relief Reversed Due to Lack of Personal Stake by The U.S. Supreme Court reversed a judgment granting injunctive relief in a §1983 action against Philadelphia police. Respondents brought a §1983 action against Philadelphia officials, including the Mayor and the Police Commissioner, alleging a pervasive pattern of illegal and unconstitutional …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
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