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Failure to Protect States Claim by The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a …
Article • July 15, 1996 • from PLN July, 1996
Gang War Assault States Claim by A federal district court in New York held that a prisoner who was attacked as part of a "war" between Hispanic and Jamaican prisoners stated an eighth amendment claim for prison officials' failure to protect him. Ted Knowles is a New York state prisoner …
Article • June 15, 1996 • from PLN June, 1996
$5 Million Awarded in New York Prison Stabbing by In December, 1995, a jury in the New York state court of claims awarded former prisoner Anthony Barrett $5,180,645 in damages for pain and suffering, lost income and expenses. In 1987 Barrett was left paralyzed after being stabbed in the back …
Brief • June 14, 1996
Goldsmith v. Dean, VT, Settlement Agreement, Failure to Protect, 1996 State of Vermont OFFICE OF THE ATTORNEY GENERAL HUMAN SERVICES DIVISION 103 South Main Street Waterbury, Vermont 05671-0701 Fax: (802) 241-2736 June 14, 1996 Allen F. Breed P.O. Box 698 San Andreas, California 95249 Re: Goldsmith v. Dean Settlement Agreement …
Brief • June 11, 1996
Goldsmith v. Dean, VT, Order, Failure to Protect, 1996 Goldsmith v. Dean PC-VT-001-003 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT -WJ c-. Robert Goldsmith, et al., Plaintiffs, Civil Action No.""> 2:93-CV-383 f v. Howard Dean, et al., Defendants. ORDER AND NOW, this 10th day of June. 1996, upon …
Arizona Death Row Chain Gang Problems by In December, 1995, Arizona's governor Fife Symington launched a program placing death row prisoners on a chain gang working in the prison's vegetable garden [Reported in the March '96 issue of PLN]. According to an Arizona newspaper report there have been two violent …
Brief • April 25, 1996
Van Wijk v. State of Washington, WA, Complaint, Negligence Rape Victim, 1996 RECE1"l.ED - 1 '" I<ir.g CCiur~,. SUQ'lrior C~I.n C:tllk's Office -. ' - ... . , 2 Cl ARLES V. JOHNSGi·~ . APR 2, 5 1996 ' 3 ~~;"i-. ~~'":",,, .." ..\:",,, r... Q~.,,·l·;~ .'-i', IN THE SUPERIOR …
No Jurisdiction for Some Qualified Immunity Appeals by The court of appeals for the fourth circuit held that it lacked jurisdiction to hear an appeal by prison officials accused of being deliberately indifferent to the safety of a prisoner where they stood by while he was attacked and stabbed by …
Brief • April 11, 1996
Goldsmith v. Dean, VT, Settlement, Failure to Protect, 1996 Goldsmith v. Dean illlliU PC-VT-001-002 I. SETTLEMENT AGREEMENT PREAMBLE WHEREAS, on December 13, 1993, the National Prison Project ("NPP") of the American Civil Liberties Union ("ACLIT) brought an action pursuant to 28 U SC § 1331, §§ 1343(a)(3) and (4), §§2201 …
Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
Open Prison Barracks Unsafe by In the past fifteen years of massive prison expansion many prison systems have opted to build open dormitory type prison barracks because they are substantially cheaper to build than conventional cell blocks. There are inherent shortcomings in this type of prison design. The Connecticut DOC …
Prisoners Entitled to Safe Jail by The eleventh circuit court of appeals has reaffirmed that county officials can be held liable for failing to protect jail detainees from violence by other detainees. In 1990 Larry Hale was held in the Tallapoosa County Jail in Alabama after failing to appear in …
Chain Gangs Challenged in Court by In the July, 1995, PLN, we reported that the state of Alabama had reintroduced chain gangs to its prison system on May 3, 1995. We did not give much attention to the issue because it has received enormous media coverage, most of it rather …
Hearing No Substitute for Trial by The court of appeals for the eighth circuit has held that a district court evidentiary hearing cannot serve as a substitute for a full trial, doing so violates a prisoner's seventh amendment right to a jury trial. Harold Hobbs, an Arkansas state prisoner, was …
Fear Constitutes Actual Injury by A district court in Illinois has held that the fear a prisoner experiences when attacked by another prisoner, in the absence of any physical injury, is sufficient injury to state a claim for compensatory damages under section 1983. Anthony Jones is an Illinois state prisoner …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
Article • July 15, 1995 • from PLN July, 1995
Violence Increases in Fed Prisons by BOP records show an increase of violence at the five older U.S. Penitentiaries at Atlanta, Leavenworth, Lewisburg, Lompoc and Terre Haute. Statistics from the two newer prisons at Florence and Allenwood are not yet available. BOP records show that prisoner assaults on guards increased …
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