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Article • April 15, 2003 • from PLN April, 2003
Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
Article • March 15, 2003 • from PLN October, 2004
New York Court Awards Prisoner $180,000 in Slip and Fall by On June 3, 2003, a court of claims in Rochester, New York, awarded prisoner Samuel K. Tambe $180,000 for injuries he sustained when he tripped over an elevated sidewalk slab at the Groveland Correctional Facility in Sonyea, New York. …
Suits Against Individual State Employees Available Under ADA by Suits Against Individual State Employees Available under ADA The U.S. Court of Appeals for the Eighth Circuit reversed two separate district courts and ruled that under Title I of the Americans with Disabilities Act (ADA), state employees can be sued in …
Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense by Bob Williams Thaddeus-X Standard Retroactive Except For Qualified Immunity Defense by Bob Williams A federal district court in Michigan has held that the Thaddeus-X standard, rather than the "shocks the conscience" standard, is applicable to claims of guard retaliation for prisoners …
Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado by In May 2002, the State of Maryland agreed to pay $700,000 to a Denver woman whose daughter was murdered by a parolee released from a Maryland prison and sent to a drug treatment center in Colorado. …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
Article • March 15, 2003 • from PLN March, 2003
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached by The Ninth Circuit US Court of Appeals held that veterans benefit funds deposited to a state prisoner's prison trust account could not be attached by prison authorities, even to pay an overdraft they accorded him for dental appliances he …
Third Circuit Sets High Standard for Supervisory Liability by by Matthew T. Clarke The court of appeals for the Third Circuit has set a very high standard for proving supervisory liability in a case involving a guard who repeatedly sexually assaulted female juvenile prisoners over the course of several years. …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Boston Jail Strip Searches Unconstitutional by John E Dannenberg by John E. Dannenberg A Boston City Police Department (BPD) policy of invasive and degrading strip-searching of all female detainees, regardless of the cause of their detention, while not similarly treating male detainees, violated the unreasonable search provisions of the Fourth …
Article • February 15, 2003 • from PLN February, 2003
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
Prisoner's Estate Survives Summary Judgment on Medical Policy Claims by A federal district court in Michigan held that issues of fact as to whether prison officials adopted a policy discouraging necessary health care precluded summary judgment. Roscoe Young was incarcerated in a prison of the Michigan Department of Corrections (MDOC) …
Alabama Jail Conditions Unconstitutional, County Liable by David Reutter by David M. Reutter The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic by In April, 2002, Robert Cornwall, 30, a quadriplegic, settled a lawsuit against the Washoe county jail in Nevada for $40,000. The lawsuit stemmed from Cornwall being arrested on domestic violence charges against his wife on July 25, 2000. Cornwall spent …
Prison Officials Liable for Gang Member's Murder by A federal court in Connecticut de-nied prison officials qualified immunity in an action arising from the murder of a gang member by his cellmate while housed in a Close Custody unit. Juan Rodriguez, a prisoner of the Connecticut Department of Corrections, (CDOC) …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
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