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Article • June 15, 2002 • from PLN June, 2002
U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial on Merits by John E Dannenberg U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial On Merits by John E. Dannenberg The US Supreme Court held in a suit against a military police (MP) officer for use of excessive force in …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
Jail Policy to Not Segregate Gangs Does Not Violate Constitution by John E Dannenberg Jail Policy To Not Segregate Gangs Does Not Violate Constitution by John E. Dannenberg The Seventh Circuit US Court of Appeals ruled that the Cook County (Chicago), Illinois jail did not violate the Constitution by failing …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Ohio Prison Supervisors Possibly Liable for Employing Known Racist Guard by The Sixth Circuit Court of Appeals has reversed a district court's grant of summary judgment to Ohio prison officials and remanded for trial a case involving alleged official indifference to the actions of a known racist guard. The appeals …
Eighth Amendment Challenge to California Integrated Yard Policy Is Triable by Marvin Mentor In a California prisoner suit claiming cruel and unusual punishment for the prison's "integrated yard" policy, the Ninth Circuit US Court of Appeals ruled that the factual question presented could proceed to trial, thus rejecting prison defendants' …
County Supervisors Liable for Indemnifications by John E Dannenberg County Supervisors Liable For Indemnifications by John E. Dannenberg The Los Angeles (LA), California County Board of Supervisors made official decisions, and thus a policy, to indemnify their county sheriffs so as to willfully (i.e., in bad faith) protect the sheriffs …
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Montana Supreme Court Upholds Refusal to Seal Settlement Agreement by The Montana Supreme Court held that prevailing party did not establish that privacy rights of parties outweighed the public's right to know what costs it incurred in a settlement agreement. Steve Pengra brought suit against Montana, contending that the State's …
$377,500 Awarded in Tennessee Jail Death by In September 2001, a federal jury in Memphis, Tennessee, awarded $377,500 in damages to the estate of a mentally ill jail prisoner killed by guards. In November 1996, Calvin Shaw, a paranoid schizophrenic, was arrested on sexual assault charges and imprisoned at the …
Illegal Strip Searches Cost Chicago Jail $6.8 Million by Lonnie Burton In July 2001, the Cook County, Illinois Board of Supervisors unanimously agreed to end a five-year long class-action suit brought by female prisoners who alleged that the strip-searches they were subjected to at the Cook County jail were unconstitutional. …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
$237,500 New York Administrative Segregation Verdict Upheld by A New York state prisoner won damages in a jury trial in the United States District Court for the Western District of New York against employees of the New York State Department of Correctional Services (DOCS) for due process violations in confining …
Article • April 15, 2002 • from PLN April, 2002
No Immunity for Photo Limit by The Court of Appeals for the Eighth Circuit, in a per curium opinion, held that Arkansas prison officials were not entitled to qualified immunity for promulgating a policy that allows prisoners to retain only five photographs in their cells. Len Davis, a federal prisoner …
Pubic Hair Search by Medical Personnel Constitutional by The Court of Appeals for the Eleventh Circuit has overturned a district court's order that held as unconstitutional a Sheriff's policy of searching a prisoner's pubic hair prior to release. PLN previously reported the district court's order. (See: Skurstenis v. Jones , …
Detainee's Strip Search Unconstitutional, But Qualified Immunity Granted by The court of appeals for the Eleventh Circuit has held that a jail strip search of an arrestee without reasonable suspicion violates the Fourth Amendment, but granted qualified immunity. DeAngela Wilson was arrested at a checkpoint for driving under the influence …
PLRA Protects Lawless Guards Accused in Prisoner Beating by A lawsuit filed by a federal prisoner in Colorado provides a clear example of how the Prison Litigation Reform Act (PLRA) protects lawless prison guards from the consequences of their blatantly illegal actions. William Vance Turner is a Federal Bureau of …
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