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A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction ...
Brief • July 7, 2016
Smith v. State of Illinois, IL, Opinion, shakedown loss of inmate property, 2015 IN THE COUIRT OF CLAIMS OFTHE I FILED STATE OF ILLINOIS COURT Of CUMMS NOV 0 4 Z015 MATTHEW SMITH. #B-86629 S^taiyotSttttMd Ex-Oifielo QwkCwrt of CliInB Claimant, Case No. 15-CC-0807 V. STATE OF ILLINOIS, V Respondent. ) ...
Brief • March 14, 2016
Sarmiento v. County of Orange, CA, Reporter's Transcipt of Jury Trial, 2009 Case 8:06-cv-00586-DOC-AN Document 291 Filed 11/14/2009 Page 1 of 124 SACV 06-0586 DOC - 2/13/2009 - Day 4, Volume I 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING ...
Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a ...
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on ...
$2,000 Settlement in Seattle Jail Illegal Strip Search by Washington State’s King County Jail paid $2,000 to Zachary Lyons, who asserted that after being arrested during the November 30, 2000 “WTO” anniversary demonstrations, he was forced to remove his clothing in a common area of the jail without being afforded ...
Entire Texas Prison System Locked Down to Search for Phones; Prison Cell Phone Problem is Pandemic by Matthew Clarke by Matt Clarke On October 20, 2008, Texas Governor Rick Perry placed all 112 prisons and 155,000 prisoners in the Texas Department of Criminal Justice (TDCJ) on lockdown to search for ...
Article • May 15, 2007
Contact Visits/Presence at Shakedown Not Required by Pretrial detainees at the Los Angeles County Central Jail filed a suit in federal district court under 42 U.S.C. § 1983. It alleged that the jail's policy of forbidding contacting visits and randomly shaking down cells in the detainees' absence violated the Due ...
Article • May 15, 2007
Searches of West Virginia Prisoners Leaving Exercise Yard Upheld by Routine searches upon leaving a recreation yard of high-security segregation prisoners are upheld under Turner. The practice is rationally related to defendants' security concerns of protecting staff from weapons and preventing the exchange of contraband. There are alternative means of ...
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 ...
Floridas Civil Commitment Center Under Funded and Out-of-Control by David Reutter Floridas Civil Commitment Center Under Funded and Out-of-Control by David M. Reutter When first created in 1999, Floridas Civil Commitment Center (FCCC) was hyped as a place to house sexually violent predators for protection of the public while providing ...
Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail ...
Incompetence, Brutality and Scandal Infest Tennessee Prisons and Jails by by Michael Rigby Tennessee isn't known for its huge prison system, like Texas or California. Nor is the state's capital city, Nashville, recognized for massively overcrowded jails such as the ones in Los Angeles or New York City. But one ...
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned ...
Article • July 15, 2001 • from PLN July, 2001
Non-Physical Damage Claims Barred Until Released by The Court of Appeals for the Eleventh Circuit has held that a lawsuit which seeks damages for emotional and mental claims filed by a prisoner while confined are barred, but the same claim can be pursued if filed after release. Eleven Georgia prisoners ...
Concealment of Info Tolls Statute of Limitations by A federal district court in New York held that a prisoner could amend his complaint to add new defendants, and that the amendment relates back to the original complaint, overcoming an otherwise time-barred amendment. The court further held that official concealment of ...
Arkansas Department of Corruption Revealed by A career employee of the Arkansas Department of Correction was demoted from his position as warden of the state maximum security prison in January 1996, after he spoke out about corruption and lack of security in the prison. He sued the DOC and several ...
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during ...
Guard Raped, Entire Texas Prison System Locked Down by A female Texas Department of Corrections (TDC) prison guard was dragged into a cell, held hostage for two hours and sexually assaulted by a prisoner armed with an 8-inch piece of sharpened metal, according to several published news accounts. The French ...
PLRA Doesn't Ban Class Actions by A federal district court in Georgia held that the Prison Litigation Reform Act (PLRA) does not ban class action suits by prisoners. In the October, 1998, issue of PLN we reported the Georgia DOC's settlement of a class action suit involving the beating and ...
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