Corrections Caselaw Quarterly back issues from November 2000:
U.S. District Court: COURT COSTS PLRA-Prison Litigation Reform Act.(Brief Article)
Nov 01, 2000 ... Losee v. Maschner, 113 F.Supp.2d 1343 (S.D.Iowa 1998). An inmate brought an action against a warden alleging that the state was violating the provisions of the Prison Litigation Reform Act (PLEA) by improperly collecting payments from his inmate account to apply against his court filing ...
U.S. Appeals Court: ACCESS TO ATTORNEY ACCESS TO COURT.
Nov 01, 2000 ... May v. Sheahan, 226 F.3d 876 (7th Cir. 2000). A pretrial detainee who suffered from Acquired Immune Deficiency Syndrome (AIDS) and was hospitalized brought an action against a county and county officials. The district court denied summary judgment for the sheriff on qualified immunity ...
U.S. District Court: PLRA-Prison Litigation Reform Act FILING FEES.(Brief Article)
Nov 01, 2000 ... Miller v. Campbell, 108 F.Supp.2d 960 (W.D.Tenn. 2000). A prisoner brought a [sections] 1983 action against prison officials, alleging due process violations arising out of disciplinary proceedings, her segregation and her loss of job or sentence credits. The district court dismissed the ...
U.S. District Court: PHOTOCOPYING.
Nov 01, 2000 ... Scott v. Kelly 107 F.Supp.2d 706 (E.D.Va. 2000). A prisoner brought a pro se [sections] 1983 action alleging denial of access to court. The district court dismissed the case, finding that the prisoner's failure to specify how corrections officials' alleged violation of his photocopying ...
U.S. Appeals Court: LAW LIBRARY.
Nov 01, 2000 ... Zimmerman v. Tribble 226 F.3d 568 (7th Cir. 2000). An inmate brought a pro se civil rights action against state prison officials complaining about prison conditions. The district court dismissed the complaint under the Prison Litigation Reform Act (PLRA) and the inmate appealed. The ...
U.S. District Court: POLICY/PROCEDURES.(Brief Article)
Nov 01, 2000 ... Estate of Cills v. Kaftan 105 F.Supp.2d 391 (D.N.J. 2000). The estate of a county jail inmate who committed suicide in his cell sued the county and officials under [sections] 1983. The district court held that lower level jail personnel who removed the inmate from a suicide watch were not ...
U.S. District Court: CONDITIONS EXERCISE RETALIATION.(Brief Article)
Nov 01, 2000 ... Williams v. Goord. 111 F.Supp.2d 280 (S.D.N.Y. 2000). A state prisoner brought a [sections] 1983 action against corrections officials alleging constitutional violations. The district court held that the conditions and duration of the prisoner's 75-day confinement in a Special Housing Unit ...
U.S. District Court: COURT COSTS.(Brief Article)
Nov 01, 2000 ... Losee v. Maschner, 113 F.Supp.2d 1343 S.D.Iowa 1998). An inmate brought an action against a warden alleging that the state was violating the provisions of the Prison Litigation Reform Act (PLRA) by improperly collecting payments from his inmate account to apply against his court filing ...
U.S. District Court: COURT COSTS PLRA-Prison Litigation Reform Act.(Brief Article)
Nov 01, 2000 ... Miller v. Campbell, 108 F.Supp.2d 960 (W.D.Tenn. 2000). A prisoner brought a [sections] 1983 action against prison officials, alleging due process violations arising out of disciplinary proceedings, her segregation and her loss of job or sentence credits. The district court dismissed the ...
U.S. Appeals Court: COST OF CONFINEMENT.(Brief Article)
Nov 01, 2000 ... Tillman v. Lebanon County Correctional Facility. 221 F.3d 410 (3rd Cir. 2000). An inmate brought a pro se [sections] 1983 action against a county correctional facility and its warden, challenging the levying and collection of a fee for housing costs incurred during his periods of ...
U.S. Appeals Court: EVIDENCE.(Brief Article)
Nov 01, 2000 ... Webb v. Anderson. 224 F.3d 649 (7th Cir. 2000). A state prisoner filed a petition for a writ of habeas corpus after he lost 90 days of good time credit for drug use. The district court denied the petition and the appeals court affirmed. The appeals court held that a toxicology report and ...
U.S. Appeals Court: COST OF CONFINEMENT EXCESSIVE FINES CLAUSE.(Brief Article)
Nov 01, 2000 ... Wright v. Riveland 219 F.3d 905 (9th Cir. 2000). An inmate brought a class action suit against the secretary of a state corrections department challenging a state law that authorized a 35% MENT deduction from all funds received by inmates from outside sources. The federal district court ...
U.S. Appeals Court: PLRA-Prison Litigation Reform Act.(Brief Article)
Nov 01, 2000 ... Boivin v. Black, 225 F.3d 36 (1st Cir. 2000). After a pretrial detainee prevailed in a civil rights action against a correctional officer the district court granted his application for attorney fees and the officer appealed. The appeals court vacated and remanded. The appeals court held ...
U.S. Appeals Court: PLRA-Prison Litigation Reform Act.(Brief Article)
Nov 01, 2000 ... Janes v. Hernandez, 215 F.3d 541 (5th Cir. 2000). A traffic offender sued a county to recover for alleged violation of his civil rights based upon a sheriffs policy of confining all manner of arrestees, including those with prior felony records, in one large cell. The district court ...
U.S. District Court: PLRA-Prison Litigation Reform Act PARTIAL SUCCESS.(Brief Article)
Nov 01, 2000 ... McLindon v. Russell 108 F.Supp.2d 842 (S.D.Ohio 1999). A prison inmate brought an excessive force claim against an officer and a deliberate indifference claim against a supervisor and was awarded $201 in damages ($1 actual damages and $200 punitive damages) following a jury trial. The ...
U.S. District Court: PLRA-Prison Litigation Reform Act.(Brief Article)
Nov 01, 2000 ... Wolff v. Moore 104 F.Supp.2d 892 (S.D. Ohio 2000). A prisoner brought a [sections] 1983 action against current and former corrections officers alleging that they used excessive force against him. The district court entered a verdict in favor of the prisoner and the prisoner sought attorney ...
U.S. District Court: REVOCATION.
Nov 01, 2000 ... U.S. v. Rivera, 104 F.Supp.2d 159 (D.Mass. 2000). After a defendant was found to have possessed and used marijuana not more than ten days after he appeared at a revocation hearing and received a stern ...
U.S. Appeals Court: DISCIPLINE.(Brief Article)
Nov 01, 2000 ... DeWalt v. Carter, 224 F.3d 607 (7th Cir. 2000). A prisoner brought a [sections] 1983 action against correctional employees for alleged violations of his constitutional rights. The district court dismissed the complaint. The appeals court affirmed in part, and reversed and remanded in part ....
U.S. District Court: MEDICAL CARE ADA- Americans with Disabilities Act AIDS.
Nov 01, 2000 ... Hallett v. New York State Dent, of Correct. Serv., 109 F.Supp.2d 190 (S.D.N.Y. 2000). A former inmate brought an action against state correctional officials alleging he was denied access to special programs while incarcerated due to his status as an HIV-positive amputee, in violation of ...
U.S. Appeals Court: PROGRAMS SELF-INCRIMINATION.(Brief Article)
Nov 01, 2000 ... Lile v. McKune, 224 F.3d 1175 (10th Cir. 2000). A state prisoner brought [sections] 1983 claims against prison officials alleging that a sexual abuse treatment program and corresponding regulations and policies violated his Fourth Amendment right to privacy and bodily integrity and his ...
U.S. District Court: EXERCISE.(Brief Article)
Nov 01, 2000 ... Williams v. Goord, 111 F.Supp.2d 280 (S.D.N.Y. 2000). A state prisoner brought a [sections] 1983 action against corrections officials alleging constitutional violations. The district court held that the conditions and duration of the prisoner's 75-day confinement in a Special Housing Unit ...
U.S. Appeals Court: EQUAL PROTECTION DISCRIMINATION.(Brief Article)
Nov 01, 2000 ... Yates v. Stalder, 217 F.3d 332 (5th Cir. 2000). Three male state prisoners brought a [sections] 1983 action against the secretary of a state corrections department alleging they were discriminated against based on their gender because living conditions for male inmates were significantly ...
U.S. Appeals Court: SEPARATION.(Brief Article)
Nov 01, 2000 ... Curry v. Crist 226 F.3d 974 (8th Cir. 2000). Heirs of an inmate who was murdered by fellow prisoners while the two were alone in an unsupervised area of a prison brought a civil rights action against the prison warden. The district court granted summary judgment in favor of the warden and ...
U.S. District Court: AIDS.(Brief Article)
Nov 01, 2000 ... Hallett v. New York State Dept. of Correct. Serv., 109 F.Supp.2d 190 (S.D.N.Y. 2000). A former inmate brought an action against state correctional officials alleging he was denied access to special programs while incarcerated due to his status as an HIV-positive amputee, in violation of ...
U.S. Appeals Court: PRETRIAL DETENTION SEPARATION.(Brief Article)
Nov 01, 2000 ... Janes v. Hernandez. 215 F.3d 541 (5th Cir. 2000). A traffic offender sued a county to recover for alleged violation of his civil rights based upon a sheriffs policy of confining all manner of arrestees, including those with prior felony records, in one large cell. The district court ...
U.S. Appeals Court: SEX OFFENDER.(Brief Article)
Nov 01, 2000 ... Lile v. McKune, 224 F.3d 1175 (10th Cir. 2000). A state prisoner brought [sections] 1983 claims against prison officials alleging that a sexual abuse treatment program and corresponding regulations and policies violated his Fourth Amendment right to privacy and bodily integrity and his ...
U.S. District Court: SEX OFFENDER.(Brief Article)
Nov 01, 2000 ... Martinez Diaz v. Olsen, 110 F.Supp.2d 295 (D.N.J. 2000). An offender petitioned for habeas corpus relief challenging the constitutionality of sex offender registration and notification requirements. The district court denied the petition, finding that the offender who ...
U.S. District Court: AIDS SEPARATION.(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin 104 F.Supp.2d 626 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who was awaiting removal from the United States brought a [sections] 1983 action against parish jail officials challenging the ...
U.S. District Court: SEPARATION PRETRIAL DETENTION.(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin, 104 F.Supp.2d 643 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who was awaiting removal from the United States brought a [sections] 1983 action against parish jail officials challenging the constitutionality of his conditions of ...
U.S. District Court: CLOTHING.(Brief Article)
Nov 01, 2000 ... Ashann-Ra v. Corn. Of Virginia, 112 F.Supp.2d 559 (W.D.Va. 2000). A prisoner sued state officials alleging various constitutional violations. The court held that the prisoner's claim that correctional officers failed to provide him with well-fitted shoes for 24 days did not state an Eighth ...
U.S. Appeals Court: SANITATION USE OF FORCE FOOD TEMPERATURE.(Brief Article)
Nov 01, 2000 ... Johnson v. Lewis 217 F.3d 726 (9th Cir. 2000). Inmates who bad been held out-of-doors while prison officials searched buildings after quelling disturbances brought two class actions against prison officials under [sections] 1983, asserting that the conditions under which they were held ...
U.S. District Court: CROWDING FOOD BEDDING TOILETS SANITATION.(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin, 104 F.Supp.2d 626 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who wan awaiting removal from the United States brought a [sections] 1983 action against parish jail officials challenging the constitutionality of his conditions of ...
U.S. District Court: SANITATION FIRE SAFETY SEPARATION.(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin 104 F.Supp.2d 643 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who was awaiting removal from the United States brought a [sections] 1983 action against parish jail officials challenging the constitutionality of his conditions of ...
U.S. District Court: BEDDING FLOOR-SLEEPING TEMPERATURE VENTILATION.(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin 104 F.Supp.2d 654 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who was awaiting removal from the United States brought a [sections] 1983 action against parish jail officials challenging the constitutionality of his conditions of ...
U.S. District Court: CLOTHING.(Brief Article)
Nov 01, 2000 ... Ashann-Ra v. Com. Of Virginia, 112 F.Supp.2d 559 (W.D.Va. 2000). A prisoner sued state officials alleging various constitutional violations. The court held that the prisoner's claim that correctional officers failed to provide him with well-fitted shoes for 24 days did not state an Eighth ...
U.S. District Court: RESTRAINTS.(Brief Article)
Nov 01, 2000 ... Fountain v. Talley, 104 F.Supp.2d 1345 (M.D.Ala. 2000). A prisoner who had been placed in a horizontal restraint device known as the "hitching post" sued officials claiming violation of his Eighth Amendment rights. The district court held that the prisoner satisfied the objective component ...
U.S. District Court: DEATH PENALTY.(Brief Article)
Nov 01, 2000 ... Henderson v. Collins, 101 F.Supp.2d 866 (S.D.Ohio 1999). A convicted offender petitioned for habeas corpus relief alleging that Ohio's execution process constituted cruel and unusual punishment. The ...
U.S. Appeals Court: SANITATION RESTRAINTS TEMPERATURE.(Brief Article)
Nov 01, 2000 ... Johnson v. Lewis. 217 F.3d 726 (9th Cir. 2000). Inmates who had been held out-of-doors while prison officials searched buildings after quelling disturbances brought two class actions against prison officials under [sections] 1983, asserting that the conditions under which they were held ...
U.S. District Court: TEMPERATURE FOOD.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Leach v. Dufrain. 103 F.Supp.2d 542 (N.D.N.Y. 2000). A state prison inmate brought a [sections] 1983 action against corrections officials alleging constitutional violations. The district court granted summary judgment for the defendants. The court held that there was no evidence concerning ...
U.S. District Court: THREATS.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Warren v. Westchester County Jail, 106 F.Supp.2d 559 (S.D.N.Y. 2000). An inmate brought a [sections] 1983 action against a county jail, administrators and officers, alleging Eighth Amendment violations. The district granted summary judgment for the defendants, holding that a jail officer ...
U.S. District Court: EXERCISE.(Brief Article)
Nov 01, 2000 ... Williams v. Goord 111 F.Supp.2d 280 (S.D.N.Y. 2000). A state prisoner brought a [sections] 1983 action against corrections officials alleging constitutional violations. The district court held that the conditions and duration of the prisoner's 75-day confinement in a Special Housing Unit ...
U.S. Appeals Court: WORK.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... DeWalt v. Carter. 224 F.3d 607 (7th Cir. 2000). A prisoner brought a [sections] 1983 action against correctional employees for alleged violations of his constitutional rights. The district court dismissed the complaint. The appeals court affirmed in part, and reversed and remanded in part ....
U.S. District Court: PUNISHMENT RESTRAINTS.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Fountain v. Talley. 104 F.Supp.2d 1345 (M.D.Ala. 2000). A prisoner who had been placed in a horizontal restraint device known as the "hitching post" sued officials claiming violation of his Eighth Amendment rights. The district court held that the prisoner satisfied the objective component ...
U.S. District Court: DUE PROCESS.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Madera v. Goord, 103 F.Supp.2d 536 (N.D.N.Y. 2000). A state prisoner brought a [section] 1983 action against a corrections commissioner and correctional officers, alleging due process violations arising from a cell search and disciplinary hearing. The district court granted summary ...
U.S. District Court: EXERCISE RETALIATION.(Brief Article)
Nov 01, 2000 ... Williams v. Goord 111 F.Supp.2d 280 (S.D.N.Y. 2000). A state prisoner brought a [sections] 1983 action against corrections officials alleging constitutional violations. The district court held that the conditions and duration of the prisoner's 75-day confinement in a Special Housing Unit ...
U.S. District Court: SEGREGATION.(Brief Article)
Nov 01, 2000 ... Williams v. Goord, 111 F.Supp.2d 280 (S.D.N.Y. 2000). A state prisoner brought a [sections] 1983 action against corrections officials alleging constitutional violations. The district court held that the conditions and duration of the prisoner's 75-day confinement in a Special Housing Unit ...
U.S. District Court: CLAIMS.
Nov 01, 2000 ... Hallett v. New York State Dept. of Correct. Serv., 109 F.Supp.2d 190 (S.D.N.Y. 2000). A former inmate brought an action against state correctional officials alleging he was denied access to special programs while incarcerated due to his status as an H1V-positive amputee, in violation of ...
U.S. Appeals Court: CLAIMS PLRA-Prison Litigation Reform Act.(Brief Article)
Nov 01, 2000 ... Janes v. Hernandez, 215 F.3d 541 (5th Cir. 2000). A traffic offender sued a county to recover for alleged violation of his civil rights based upon a sheriffs policy of confining all manner of arrestees, including those with prior felony records, in one large cell. The district court ...
U.S. District Court: CLAIMS.(Brief Article)
Nov 01, 2000 ... Kenney v. Hawaii. 109 F.Supp.2d 1271 (D.Hawai'i 2000). A former inmate brought actions against corrections officials alleging constitutional violations arising from their denial of medication to control his seizures. The district court held that prison physicians were not entitled to ...
U.S. Appeals Court: CLAIMS.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Marsh v. Butler County. Ala., 225 F.3d 1243 (11th Cir. 2000). Former county jail inmates brought a [sections] 1983 action to recover for injuries they sustained when they were beaten by other prisoners. The district court dismissed the action and the inmates appealed. The appeals court ...
U.S. Appeals Court: CLAIMS.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Randell v. Johnson, 227 F.3d 300 (5th Cir. 2000). A former prisoner brought a suit to recover damages under [sections] 1983 for his alleged unconstitutional confinement. The district court dismissed the case and the appeals court affirmed. The appeals court held that the former prisoner ...
U.S. Appeals Court: PRISONER SUICIDE.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Anderson v. Simon 217 F.3d 472 (7th Cir. 2000). A widow of a county prisoner brought a [sections] 1983 action against a prosecutor alleging that he violated the prisoner's Fourth and Fourteenth Amendment rights by failing to approve charges against him and ordering police to keep him in ...
U.S. District Court: PRISONER SUICIDE.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Brewer v. City of Daphne, 111 F.Supp.2d 1299 (S.D.Ala. 1999). The mother of a jail inmate who committed suicide brought a civil rights action against a city and city officials, alleging they failed to provide adequate psychological care to the inmate prior to his suicide and failed to ...
U.S. Appeals Court: PRISONER ON PRISONER ASSAULT.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Curry v. Crist, 226 F.3d 974 (8th Cir. 2000). Heirs of an inmate who was murdered by fellow prisoners while the two were alone in an unsupervised area of a prison brought a civil rights action against the prison warden. The district court granted summary judgment in favor of the warden and ...
U.S. District Court: PRISONER SUICIDE.(Brief Article)
Nov 01, 2000 ... Estate of Cills v. Kaftan 105 F.Supp.2d 391 (D.N.J. 2000). The estate of a county jail inmate who committed suicide in his cell sued the county and officials under [sections] 1983. The district court held that lower level jail personnel who removed the inmate from a suicide watch were not ...
U.S. Appeals Court: PRISONER SUICIDE.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Estate of Novack Ex Rel. Turbin v. County of Wood. 226 F.3d 525 (7th Cir. 2000). The estate and mother of an inmate who committed suicide filed a [sections] 1983 action against a county. The district court granted summary judgment to the county and the appeals court affirmed. The appeals ...
U.S. Appeals Court: PRISONER ON PRISONER ASSAULT.(Brief Article)
Nov 01, 2000 ... Marsh v. Butler County, Ala., 226 F.3d 1243 (11th Cir. 2000). Farmer county jail inmates brought a [sections] 1983 action to recover for injuries they sustained when they were beaten by other prisoners. The district court dismissed the action and the inmates appealed. The appeals court ...
U.S. District Court: PRISONER ON PRISONER ASSAULT.(Brief Article)
Nov 01, 2000 ... Pearson v. Vaughn, 102 F.Supp.2d 282 (E.D.Pa. 2000). A prisoner brought a [sections] 1983 action alleging that prison officials failed to protect him against attacks from other inmates, in violation of his Eighth Amendment rights. The district court denied summary judgment for some of the ...
U.S. Appeals Court: PRISONER ON PRISONER ASSAULT.(Brief Article)
Nov 01, 2000 ... Rangolan v. County of Nassau, 217 F.3d 77 (2nd Cir. 2000). An inmate who was beaten by fellow prisoners brought an action against the county and county sheriffs department alleging negligence and violation of his Eighth Amendment rights. The district court entered judgment for the inmate ...
U.S. District Court: PRISONER SUICIDE JUVENILES.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Richards v. Southeast Alabama Youth Ser. Diversion 105 F.Supp.2d 1268 (M.D. Ala. 2000). The mother of a detainee who had committed suicide while in custody brought a civil rights action against city and county officials. The district court denied Eleventh Amendment immunity to the city ...
U.S. Appeals Court: MEDICAL CARE.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Taylor v. Adams,. 221 F.3d 1254 (11th Cir. 2000). In an action arising from the death of a pretrial detainee, the district court denied summary judgment to three firemedics and a jail nurse and they appealed. The appeals court reversed and remanded. The appeals court held that the ...
U.S. District Court: THREATS.(Brief Article)
Nov 01, 2000 ... Warren v. Westchester County Jail. 106 F.Supp.2d 559 (S.D.N.Y. 2000). An inmate brought a [sections] 1983 action against a county jail, administrators and officers, alleging Eighth Amendment violations. The district granted summary judgment for the defendants, holding that a jail officer ...
U.S. Appeals Court: PRISONER SUICIDE.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Yellow Horse v. Pennington County 225 F.3d 923 (8th Cir. 2000). The administrator for the estate of an inmate who hanged himself in a county jail brought a [sections] 1983 action against a county, correctional officer and deputy sheriff. The district court granted summary judgment for the ...
U.S. District Court: CROWDING SANITATION.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin. 104 F.Supp.2d 626 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who was awaiting removal from the United States brought a [sections] 1983 action against pariah jail officials challenging the constitutionality of his conditions of ...
U.S. District Court: VENTILATION CROWDING.(prisoners and prisons)(Brief Article)
Nov 01, 2000 ... Oladipupo v. Austin 104 F.Supp.2d 654 (W.D.La. 2000). A detainee of the Immigration and Naturalization Service (INS) who was awaiting removal from the United States brought a [sections] 1983 action against parish jail officials challenging the constitutionality of his conditions of ...