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Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Article • August 15, 2000 • from PLN August, 2000
$2 Million Awarded in IL Medical Neglect Suit by On February 2, 2000, a federal jury in Illinois awarded $2 million in damages to a prisoner blinded through medical neglect by prison officials. The damage award is believed to be the highest in a prisoner civil rights case in Illinois. …
Article • July 15, 2000 • from PLN July, 2000
$97,500 Awarded in NY Prison Work Accident by On July 19, 1999, a Binghamton county court in New York awarded $97,500 in damages to Fred Thomas for an eye injury he suffered. while imprisoned in a New York state prison in 1993. Thomas, then a 33-year-old prisoner at the Elmira …
Delay in Treatment for Jail Prisoner Actionable by Afederal district court in Mississippi held that disputed issues of fact involving claims by a jail prisoner that he was beaten by his cellmates required a trial to resolve. Emmett Davis was sentenced to 54 days in the Greenville, Mississippi, jail because …
Article • August 15, 1997 • from PLN August, 1997
Utah Supreme Court Vacates Damage Reduction in Prison Suit by The Utah supreme court held that prisoners can sue for money damages for violation of their state constitutional rights, a landmark ruling for Utah prisoners. Roger Bott, a Utah state prisoner, sought medical care when he began experiencing vision problems. …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
Qualified Immunity RA Defense by The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was …
$273,000 Settlement for Gassing by A hallucinating diabetic was sprayed in the face with a chemical spray called "Freeze + P." after he had been arrested and tried to escape. The spray contains tear gas and a red pepper derivative. After being held in the Montgomery County, Alabama, jail for …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Punishment of Pretrial Detainees Unlawful by Spencer Parker is a pretrial detainee in Texas. While awaiting trial in the jail's minimum security section he was moved to the violent offenders section in retaliation for arguing with a guard. As a result of the transfer he was assaulted and lost his …
Blind Pretrial Detainees Entitled to Treatment by Anthony Harris was a pretrial detainee in the Cook county jail (Chicago). He is legally blind. While at the jail he repeatedly requested medical treatment for his blindness and frequent eye infections. He also requested special handicapped housing to prevent dangerous situations. Jail …
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