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Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Prison Conditions

Wright v. Coughlin, No. 96-2276 (2nd Cir.) (132 F.3d 133) (January 5, 1998) (Judge John M. Jr. Walker) by QUOTE OF THE WEEK - The dim, distant and dismal world of prison life. "Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they …

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Prison Conditions

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett) by Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker) Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett) McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge Albritton) These three …

Dulany v. Carnahan, No. 96-2427 (8th Cir.) (132 F.3d 1234) (December 31, 1997) (Judge David R. Hansen)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Dulany v. Carnahan, No. 96-2427 (8th Cir.) (132 F.3d 1234) (December 31, 1997) (Judge David R. Hansen) by Over the dissent of Judge Arnold, the Court held that withholding medical attention for over a week to a prisoner complaining of heart pains did not constitute deliberate indifference to a serious …

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Prison Conditions

Shepherd v. Ault, No. C96-0222-MWB (N.D.Iowa) (982 F.Supp. 643) (November 12, 1997) (Judge Mark W. Bennett) by QUOTE OF THE WEEK - The dim, distant and dismal world of prison life. "Prisoners are persons whom most of us would rather not think about. Banished from everyday sight, they exist in …

Heisler v. Kralik, No. 94 CIV 2243 (DLC) (S.D.N.Y.) (981 F.Supp. 830) (October 29, 1997) (Judge Denise Cote)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Civil Rights Violations

Heisler v. Kralik, No. 94 CIV 2243 (DLC) (S.D.N.Y.) (981 F.Supp. 830) (October 29, 1997) (Judge Denise Cote) by This case presents a current review of the bases upon which Federal prisoners can bring Bivens type actions. Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (Judge Wilkins) Heisler v. …

Miniken v. Walter, No. CS-96-407-JLQ (E.D.Wash.) (978 F.Supp. 1356) (August 26, 1997) (Judge Justin L. Quackenbush)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Prison Mail

Miniken v. Walter, No. CS-96-407-JLQ (E.D.Wash.) (978 F.Supp. 1356) (August 26, 1997) (Judge Justin L. Quackenbush) by Court held it improper and a violation of both the First and Fourteenth Amendments for a prison to concoct regulations designed to prohibit distribution of Prison Legal News to prisoners. Although the Government …

U.S. v. Crochiere, No. 97-1555 (1st Cir.) (129 F.3d 233) (November 18, 1997) (Judge Sandra L. Lynch)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Civil Rights Violations

U.S. v. Crochiere, No. 97-1555 (1st Cir.) (129 F.3d 233) (November 18, 1997) (Judge Sandra L. Lynch) by Proof of an overt act not required under Federal criminal civil rights statute; but case lists contrary holdings in other circuits. In case of first impression, court held that Government was not …

Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Prison Conditions

Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones) by This is an important (but horrifying) prison litigation case that says a lot about the level of medical care in our prisons. The case involves a damage claim by a prisoner against …

Beverati v. Smith, No. 96-7520 (4th Cir.) (120 F.3d 500) (August 11, 1997) (Judge William W. Jr. Wilkins)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Civil Rights Violations

Beverati v. Smith, No. 96-7520 (4th Cir.) (120 F.3d 500) (August 11, 1997) (Judge William W. Jr. Wilkins) by Not too long ago, Chief Judge Posner wrote: "We should have a realistic conception of the composition of the prison and jail population before deciding that they are scum entitled to …

Villarreal v. Woodham, No. 96-2146 (11th Cir.) (113 F.3d 202) (May 29, 1997) (Judge Joel F. Dubina)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Villarreal v. Woodham, No. 96-2146 (11th Cir.) (113 F.3d 202) (May 29, 1997) (Judge Joel F. Dubina) by The Court stated: "Focusing on the economic reality of the situation in its entirety, we conclude that [a pretrial detainee] is not an 'employee' under the FLSA. The purpose of the FLSA …

De La Paz v. Peters, No. 93 C 7652 (N.D.Ill.) (959 F.Supp. 909) (March 27, 1997) (Judge Ruben Castillo)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Prison Conditions

De La Paz v. Peters, No. 93 C 7652 (N.D.Ill.) (959 F.Supp. 909) (March 27, 1997) (Judge Ruben Castillo) by Prison cases have always been great barometers of our criminal justice system. They show how judicial winds are blowing and what it takes to "shock the conscience" of the courts. …

Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Prison Conditions

Thompson v. Souza, No. 96-55662 (9th Cir.) (111 F.3d 694) (April 16, 1997) (Judge Stephen S. Trott) by QUOTE OF THE WEEK - One judicial view of the senseless cruelties inflicted on prisoners. "There are different ways to look upon the inmates of prisons and jails in the United States …

Cooper v. Pickens County, Ala., No. Civ. 95-C-2947-W (N.D.Ala.) (955 F.Supp. 1390) (January 28, 1997) (Judge U. W. Clemon)

Article • April 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Prison Conditions

Cooper v. Pickens County, Ala., No. Civ. 95-C-2947-W (N.D.Ala.) (955 F.Supp. 1390) (January 28, 1997) (Judge U. W. Clemon) by In what is likely to be one of the last cases of its kind, the court granted relief to prisoners in this case after concluding that the jail conditions were …

Lewis v. Sacramento County, No. 93-15924 (9th Cir.) (98 F.3d 434) (October 9, 1996) (Judge Harry Pregerson)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Deliberate Indifference

Lewis v. Sacramento County, No. 93-15924 (9th Cir.) (98 F.3d 434) (October 9, 1996) (Judge Harry Pregerson) by This 42 U.S.C. § 1983 case involved a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol car. One of the teenagers was killed. The …

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Prison Conditions

Benjamin v. Jacobson, No. 75 Civ 3073 (HB) (S.D.N.Y.) (935 F.Supp. 332) (July 23, 1996) (Judge Harold Jr. Baer) by QUOTE OF THE WEEK - An unexpurgated view of some of the problems with America's prisons. "From the very beginning, conditions in our prisons were marked by overcrowding, fire hazards …

Parker v. Boyer, No. 95-3988 (8th Cir.) (93 F.3d 445) (August 16, 1996) (Judge Morris Sheppard Arnold)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Civil Rights Violations

Parker v. Boyer, No. 95-3988 (8th Cir.) (93 F.3d 445) (August 16, 1996) (Judge Morris Sheppard Arnold) by This decision focuses on one of the increasingly common tactics used by law enforcement officials at the time of their "raids" to collect evidence - namely titillating the press by recording the …

Baker v. Pataki, No. 94-2163, No. 565 (2nd Cir.) (85 F.3d 919) (May 30, 1996) (Per Curiam)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Voting Rights

Baker v. Pataki, No. 94-2163, No. 565 (2nd Cir.) (85 F.3d 919) (May 30, 1996) (Per Curiam) by

Gambetta v. Prison Rehabilitative Industries, No. 96-4253 (11th Cir.) (112 F.3d 1119) (May 15, 1997) (Judge Max Rosenn)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Gambetta v. Prison Rehabilitative Industries, No. 96-4253 (11th Cir.) (112 F.3d 1119) (May 15, 1997) (Judge Max Rosenn) by Case held that inmates of state prisons who work for industries operated as state instrumentalities are not covered by the Fair Labor Standards Act and are not entitled to receive federal …

Danneskjold v. Hausrath, No. 95-2062, No. 95 (2nd Cir.) (82 F.3d 37) (April 19, 1996) (Judge Ralph K. Jr. Winter)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Fair Labor Standards Act (FLSA)

Danneskjold v. Hausrath, No. 95-2062, No. 95 (2nd Cir.) (82 F.3d 37) (April 19, 1996) (Judge Ralph K. Jr. Winter) by The Court reasoned as follows: "The relationship is not one of employment; prisoners are taken out of the national economy; prison work is often designed to train and rehabilitate; …

U.S. v. Lanier, No. 93-5608 (6th Cir.) (73 F.3d 1380) (January 23, 1996) (Judge Gilbert S. Merritt)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Civil Rights Violations

U.S. v. Lanier, No. 93-5608 (6th Cir.) (73 F.3d 1380) (January 23, 1996) (Judge Gilbert S. Merritt) by In this case, the Sixth Circuit vacated the convictions of a state judge who was prosecuted under 18 USC § 242 for sexually assualting five women in his chambers, holding that § …