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Buford-Lewis v. Marion County, IN, Settlement, jail conditions, 2008 Case 1:07-cv-00527-SEB-DML Document 58 Filed 12/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTHONY BUFORD-LEWIS, III, et al., Plaintiffs, v. MARION COUNTY, INDIANA, Defendant. ) ) ) ) ) ) ) ) ) No. …
Article • November 15, 2008 • from PLN November, 2008
Arkansas Woman Left in Cell for Four Days Without Food or Water by Arkansas Woman Left in Cell for Four Days Without Food or Water In March 2008, a woman was locked in a small courthouse holding cell without food or water for four days after an Arkansas bailiff forgot …
Article • June 15, 2008 • from PLN June, 2008
Florida Prison Still Beset by Contaminated Water by David Reutter Despite spending millions of dollars on new wells and water treatment systems, the Martin Correctional Institution (MCI) in Indiantown, Florida is still unable to provide uncontaminated water to its 1,400 prisoners. The problem has the Florida Department of Corrections (FDOC) …
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 …
The Poisoned Pen of Fort Lyon Prison by Alan Prendergast Bought by the state for a dollar, Fort Lyon is rich in history, asbestos, sick prisoners and trouble. by Alan Prendergast History Lesson #1 In 1829, William Bent headed west to join his older brother in the fur business. William …
Article • January 15, 2008 • from PLN January, 2008
Oklahoma Jail Dodges $700,000 in Fines by Gary Hunter On November 28, 2006, the Bryan County Jail in Oklahoma was fined $15,000 by a local judge for health inspection violations. Both the district attorney and jail officials were elated with the ruling. The reason they were happy was because the …
Dallas, Texas, Jail Pays $950,000 for Neglecting Mentally Ill Prisoners by Michael Rigby On February 20, 2007, the Dallas County, Texas, Jail agreed to pay $950,000 for its negligent mistreatment of three mentally ill individuals, one of whom died, while imprisoned at the jail awaiting competency hearings. In 2004, James …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Article • November 15, 2007 • from PLN November, 2007
Filed under: Sewage, Water, Media, PLN Litigation
From the Editor by Paul Wright This month's cover story is on what goes in and comes out of prisons in the way of water and sewage. While a lot of attention is paid to the more dramatic effects of prison overcrowding, such as violence, inadequate medical care, prisoners sleeping …
Michigan's In-Cell Restraints Considered Torture; Injunction Issued by David Reutter by David M. Reutter A Michigan federal district court has held that the use of in-cell restraints for punitive reasons constitutes torture. In reaching that conclusion, the Court reopened its previous judgment concerning mental health claims and issued a preliminary …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
Summary Judgment of Eighth Amendment Claims Reversed by The U.S. Court of Appeals for the Tenth Circuit reversed and remanded the summary judgment of a prisoner's Eighth Amendment claim. Robert DeSpain, a Wyoming state prisoner, brought a civil rights action against prison officials alleging cruel and unusual punishment in violation …
Article • May 15, 2007
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible by Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible The Eleventh Circuit Court of Appeals held a prisoner …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
Okay to Deprive Arrestees of Food and Water for Short Time by Okay to Deprive Arrestees of Food and Water for Short Time Plaintiffs who were arrested and spent "a short time" (unspecified, but the characterization is undisputed) in a police lockup were not subjected to punishment by the failure …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
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