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Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
Connecticut Settles Suit Over Conditions at Somers Facility; $190,000 in Fees and Costs Paid by In 1996, the parties in a class action suit over the conditions at the Connecticut Correctional Institution in Somers entered into a settlement agreement. The settlement came after significant improvements were made at Somers over …
Eighth Circuit Allows Termination of Minnesota Prison Health Care Consent Decree by On November 21, 2008, the Eighth Circuit Court of Appeals affirmed a federal district court's order terminating the Hines Consent Decree covering prison medical care in the Minnesota Department of Corrections (DOC). In 1973, Howard Lansing Hines and …
$875,001 Verdict in Beating of Massachusetts Prisoner by David Reutter by David M. Reutter Finding that a guard at Massachusetts’ Suffolk County House of Correction (SCHC) had violated a prisoner’s Eighth Amendment rights and committed assault and battery, a federal jury awarded the prisoner $875,001 in damages. The 121-page complaint …
Ninth Circuit: County Contractor that Counsels Bad-Check Writers Not Entitled to State Sovereign Immunity from Suit by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has ruled that a private firm hired by a California county to run a diversion program for bad-check writers was …
Article • April 15, 2009
Jail Strip-Search Cases: Patterns and Participants by Margo Schlanger Cited: 71 Law & Contemp. Probs. 65 [*pg 65] JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS By Margo Schlanger* I. INTRODUCTION II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY A. Case Category Features B. Participants IV. CONCLUSION …
BEYOND THE HERO JUDGE: INSTITUTIONAL REFORM LITIGATION AS LITIGATION by Margo Schlanger 97 Mich. L. Rev. 1994 (May 1999) Margo Schlanger* Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons. By Malcolm M. Feeley(1) and Edward L. Rubin.(2) New York: Cambridge University Press. 1998. Pp. xv, …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Connecticut Settles Mental Health Suit by On May 22, 1995, the state of Connecticut agreed to settle a lawsuit challenging the quality of mental health care it provides to its prisoners. Edward Roe and class of other prisoners sued Connecticut prison officials alleging that the mental health services provided by …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison by New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison A New Jersey Superior Court has issued a preliminary injunction that prohibits prison officials from transferring women prisoners to the New Jersey State Prison (NJSP), …
Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell by Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell Four former male and female pre-trial detainees sued the Saginaw County, Michigan jail for an outrageous disciplinary policy that forced them to sit in a …
Article • September 15, 2008 • from PLN September, 2008
California “Restitution Center” Prisoner’s Suit for Underpayment Certified as Class Action by Marvin Mentor A prisoner housed at a “restitution center” who spent two years working in the community sued the California Department of Corrections and Rehabilitation (CDCR) for failure to reimburse her work-related expenses per state statute, or to …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Class of Plaintiffs and Defendants Certified in Mental Health Suit by The plaintiff alleged that, notwithstanding a state court decision striking down the state statutory provisions for commitment of persons deemed incompetent to stand trial, those standards were still being applied at a number of Office of Mental Health facilities. …
Article • August 15, 2008
Fifth Circuit Discusses Class Certification Requirements by A class of 100 to 150 is sufficiently numerous for class certification (this range "generally satisfied the numerosity requirement" (624); the members were geographically dispersed and unavailable for joinder; some class members might fear retaliation. At 625: "The test for commonality is not …
Class Certification Denied in Suit by Disabled NM Children Prisoners by The plaintiffs, 16 mentally or developmentally disabled children in state custody, alleged a failure to provide protections and therapeutic services required by federal statutes and Constitution, seeking certification of a class of children "in or at risk of State …
Article • August 15, 2008
No Class Certification Required Where Medicaid Rule Struck Down by The court denies class certification as an "unnecessary formality" after striking down a state Medicaid regulation, noting that the defendants had assured the court that they would apply a decision favorable to the named plaintiffs to all persons affected by …
Article • August 15, 2008
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
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