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Article • March 27, 2019
Rhodes v. Chapman, No. 80-332 (U.S. Supreme Court) (452 U.S. 337; 101 S.Ct. 2392) (June 15, 1981) (Justice Powell) by Case held that double-celling of prisoners does not per se violate the Eighth and Fourteenth Amendments' prohibitions against cruel and unusual punishment. The Court held that the Eighth Amendment prohibits …
Article • December 1, 2013
J.S. v. T'Kach, No. 11-1287-pr (2nd Cir.) (714 F.3d 99) (April 10, 2013) (Judge Barrington D. Jr. Parker) by Dismissal of action challenging plaintiff-prisoner's termination from the Justice's Department's Witness Security Program and subsequent confinement in a Segregated Housing Unit is: 1) affirmed in part as to the dismissal of …
Article • January 10, 2011 • from P&J January, 2011
Williams v. Norris, No. 5:05CV00048JMM/HLJ (E.D.Ark.) (721 F.Supp.2d 824) (June 14, 2010) (Judge James M. Moody) by Here the Court approved an award of $4,846 in nominal damages in a lawsuit under the Prison Litigation Reform Act by an inmate who was held in Administrative Segregation for 4,846 days without …
Article • June 11, 2007 • from P&J May, 2007
Erickson v. Pardus, No. 06-7317 (U.S. Supreme Court) (551 U.S. 89; 127 S.Ct. 2197) (June 4, 2007) (Per Curiam) by It is really hard to glean much of value from this brief, per curiam decision involving a claim of unconstitutionally deficient health care in the Colorado state prison system. But …
Article • April 1, 2007 • from P&J April, 2007
Powers v. Snyder, No. 04-1961 (7th Cir.) (484 F.3d 929) (May 3, 2007) (Judge Richard A. Posner) by In this decision, a panel from the Seventh Circuit held that requiring a state prisoner to be inoculated against hepatitis is not cruel and unusual punishment, but exposing the prisoner to cigarette …
Article • September 1, 2006 • from P&J September, 2006
Morgan v. Morgensen, No. 04-35608 (9th Cir.) (465 F.3d 1041) (October 6, 2006) (Judge Richard R. Clifton) by This is an interesting decision in a § 1983 case brought by an inmate in a Washington state prison. As part of the prison’s mandatory work program, plaintiff Steven Morgan applied for …
Article • March 1, 2004 • from P&J March, 2004
U.S. v. Mateo, No. 02 CR. 668 (VM) (S.D.N.Y.) (299 F.Supp.2d 201) (January 9, 2004) (Judge Victor Marrero) by This case is noted for its comprehensive review of the law on the propriety of granting downward departures based on unusually harsh conditions of pretrial confinement - here forcing a pregnant …
Article • September 1, 2003 • from P&J September, 2003
Marion County Jail Inmates v. Anderson, No. IP72-0425-C-B/S (S.D.Ind.) (270 F.Supp.2d 1034) (July 10, 2003) (Judge Sarah Evans Barker) by Here, finding that the conditions at the Marion County Jail were neither “safe” nor “humane,” District Judge Sarah Barker held that Sheriff Frank Anderson was in contempt for failing to …
Article • March 31, 2003
Lewis v. Casey, No. 94-1511 (U.S. Supreme Court) (518 U.S. 343; 116 S.Ct. 2174) (June 24, 1996) (Justice Scalia) by In this case inmates in Arizona prisons brought a class action alleging that the Arizona Department of Corrections was depriving them of access to courts by, among other things, employing …
Article • February 1, 2003 • from P&J February, 2003
Laube v. Haley, No. Civ.A.01-T-957-N (M.D.Ala.) (234 F.Supp.2d 1227) (December 2, 2002) (Judge Myron H. Thompson) by Plaintiffs, 15 female prisoners, alleged that the conditions for female inmates in the Alabama State Prison System violated the Eighth Amendment. The prisoners sought a preliminary injunction against defendants, a governor, a department …
Article • November 1, 2002 • from P&J November, 2002
Handberry v. Thompson, No. 96 CIV. 6161 (S.D.N.Y.) (219 F.Supp.2d 525) (August 28, 2002) (Judge Constance Baker Motley) by In this latest ruling in a long-standing class action lawsuit against Rikers Island over its refusal to offer educational programs to youthful offenders, Judge Motley firmly ordered prison officials to comply …
Article • May 1, 2002 • from P&J May, 2002
Beerheide v. Suthers, No. 00-1086 (10th Cir.) (286 F.3d 1179) (April 11, 2002) (Judge Stephanie K. Seymour) by Here the Defendants, Colorado Department of Corrections (DOC) and related individuals, appealed from an order of the United States District Court for the District of Colorado holding that plaintiffs, prisoners' First Amendment …
Article • January 27, 2002
Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by This case involves a class action lawsuit challenged the legality of conditions facing pretrial detainees in a New York City correctional facility. Petitioners claimed that double-bunking, restrictions on reading materials …
Article • November 1, 2001 • from P&J November, 2001
Jones-El v. Berge, No. 00-C-421-C (W.D.Wisc.) (164 F.Supp.2d 1096) (October 10, 2001) (Judge Barbara B. Crabb) by Here the Court granted the plaintiff inmates an injunction prohibiting prison officials from holding mentally ill inmates in segregation, equating the practice to "placing an asthmatic in a place with little air to …
Article • September 1, 2001 • from P&J September, 2001
Ali v. Johnson, No. 00-10777 (5th Cir.) (259 F.3d 317) (July 11, 2001) (Judge Edith H. Jones) by Here the Court held that prisoners sentenced to incarceration cannot state a viable Thirteenth Amendment claim if the prison system requires them to work since under those conditions "no issue of peonage …
Article • August 1, 2001 • from P&J August, 2001
Delaney v. DeTella, No. 00-4145 (7th Cir.) (256 F.3d 679) (July 9, 2001) (Judge Terrence T. Evans) by Here the Court held that all inmates, including those placed in segregation for a lengthy period of time, have a constitutional right to out-of-cell exercise as a necessary ingredient to their physical …
Article • May 29, 2001
McCarthy v. Bronson, No. 90-5635 (U.S. Supreme Court) (500 U.S. 136; 111 S.Ct. 1737) (May 20, 1991) (Justice Stevens) by In this case the Court addressed a provision of the prison litigation statutes, namely 28 U.S.C. § 636(b)(1)(B), which authorized the nonconsensual reference to magistrate judges of "prisoner petitions challenging …
Article • April 1, 2001 • from P&J April, 2001
U.S. v. Francis, No. 98 CR. 606(RPP) (S.D.N.Y.) (129 F.Supp.2d 612) (January 25, 2001) (Judge Robert P. Jr. Patterson) by Here Judge Patterson held that a downward departure at sentencing was warranted in the case of a defendant who was held for some 13 months of his pre-sentence confinement in …
Article • November 1, 2000 • from P&J November, 2000
Daskalea v. District of Columbia, No. 98-7207 (D.C. Cir.) (227 F.3d 433) (August 8, 2000) (Judge Merrick B. Garland) by Early in this opinion, Judge Garland ominously noted that “[t]his is not the first time federal courts have reviewed charges of sexual abuse by D.C. correctional officers against female inmates.” …
Article • June 21, 2000
Estelle v. Gamble, No. 75-929 (U.S. Supreme Court) (429 U.S. 97; 97 S.Ct. 285) (November 30, 1976) (Justice Marshall) by Here the Court held that deliberate indifference by prison personnel to a prisoner's serious illness or injury constitutes cruel and unusual punishment contravening the Eight Amendment. This is one of …
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