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False Imprisonment

     A prisoner's release date was recalculated because of inaccurate information about how much time he had served in the county jail for theft. He had also been previous convicted as a sex offender. Advice was sought from the state's Attorney General, and the prisoner was not released when he expected. After he was finally released, he sued employees of the state Department of Corrections for false imprisonment and violation of his constitutional rights. A federal appeals court found that the defendants had not acted with deliberate indifference to the length of the plaintiff's incarceration, having sought legal advice and clarification from the Attorney General. Available state court remedies barred a federal due process claim. Armato v. Grounds, 13-1995, 2014 U.S. App. Lexis 17265 (7th Cir.).

Inmate Funds

     The state of Illinois sued a prisoner for reimbursement of the costs of his incarceration, alleging that he had assets to cover part or all of a possible judgment. An intermediate appeals court upheld an award of $19,925 for the state, and an order to a prison trust fund to hold the prisoner's money which he received as a wrongful death award for the death of his mother. The prisoner's due process rights were not violated by the lack of advance notice, since a pre-attachment notice and hearing might have caused him to hide or transfer the funds, and he was afforded the opportunity to contest liability and the attachment after the funds were attached. People ex rel. Director of the Department of Corrections v. Melton, #4-13-07002014 IL App (4th) 130700, 2014 Ill. App. Lexis 644.

Mail: Legal Mail

     A death row prisoner stated a claim for violation of his Sixth Amendment rights when he alleged that a prison guard read a letter he sent to his lawyer, rather than only scanning it for contraband. He further alleged that prison officials wrongfully claimed that they were entitled to read his legal mail, and that he had been chilled as to his ability to privately consult with his attorney. Because he remained incarcerated and adequately alleged that such reading could occur again, he stated a claim for injunctive relief. Nordstrom v. Ryan, #12-15738, 2014 U.S. App. Lexis 15388 (9th Cir.).

Medical Care

     A prisoner who ultimately was diagnosed with kidney stones defeated qualified immunity defenses by a prison nurse who allegedly acted with deliberate indifference to his several hours of severe abdominal pain by failing to provide him then with any kind of medical treatment or evaluation. His pain was a sufficiently serious medical need to meet the objective part of the deliberate indifference test. A number of other defendants who were not medical professionals, however, were entitled to qualified immunity. Al-Turki v. Robinson, #13-1107, 2014 U.S. App. Lexis 15407 (10th Cir.).

Medical Care: Mental Health

     Under California state law, persons found not guilty by reason of insanity have the same constitutional rights to refuse to take antipsychotic medication as sexually violent predators and mentally disordered offenders, until and unless a court finds that they are either a danger to others or incompetent to make the decision. The plaintiff was entitled to a hearing to rule on whether he should be forcibly medicated. In re Greenshields, #B252222, 227 Cal. App. 4th 1284, 174 Cal. Rptr. 3d 482, 2014 Cal. App. Lexis 615.

Prison Litigation Reform Act: Exhaustion of Remedies

     A prisoner claimed that a guard assaulted him by putting a finger in his anus during a pat-down search. The guard contended that the lawsuit should be dismissed as the prisoner failed to exhaust available administrative remedies as required by the Prison Litigation Reform Act. The prisoner asserted that he had filed a written grievance, but the trial court determined that this was false, as none of the prisoner's more than 100 grievances related to this alleged assault until one filed in August of 2009 which did not mention the guard and which itself conceded that it was untimely and only filed "for exhaustion purposes." The trial court ruled that the prisoner had committed perjury about the grievance in his testimony, and thereby forfeited his claim. The appeals court agreed, and ordered the prisoner to show cause why his ability to file lawsuits as a pauper should not be revoked and financial sanctions imposed. The prisoner, the court said, "has made deceit the norm in his litigation. He is a frequent plaintiff, and many of his suits entail dissembling." Rivera v. Drake, #14-1458, 2014 U.S. App. Lexis 17173 (7th Cir.).

Prisoner Assault: By Officers

****Editor's Case Alert****

     The city of New York has reached a $2.75 million settlement with the family of a Rikers Island inmate who allegedly died from blunt force trauma to the head. The family's lawsuit claimed that the inmate had been kicked in the face and chest by one correction officer while being pinned down by two other officers. The medical examiner's office ruled the death a homicide. The prisoner suffered from kidney problems, required dialysis, and walked with a cane. He had filed a lawsuit over his medical treatment and the family claimed that officers had grown impatient with his persistent requests for medical treatment and punished him by beating him to death. The city did not admit fault in reaching the settlement. $916,575 of the settlement will be paid as fees to the plaintiffs' attorneys, along with $22,796.43 in costs. Daniels v. City of New York, #13-Civ.-6286, U.S. Dis. Ct. (S.D.N.Y. Aug. 7, 2014).

Prisoner Death/Injuries

     A state law wrongful death claim against both government officials and private medical contractors rising out of the death of a pretrial detainee from diabetic ketoacidosis was properly dismissed for failure to comply with affidavit and report requirements of a state statute. But the failure to allow the plaintiffs to amend their complaint to attempt to comply with those requirements was an abuse of discretion, particularly when the trial court did not make any factual determinations to base that refusal on. Claims against the sheriff were properly dismissed as the plaintiffs failed to present any evidence that the sheriff had any knowledge about a problem with diabetic detainees refusing to participation in their medical treatment, causing serious adverse effects. Hahn v. Walsh, #13-1766, 2014 U.S. App. Lexis 15401 (7th Cir.).

Prisoner Suicide

     A domestic violence probation violator with a lengthy history of substance abuse and mental health problems killed himself while awaiting transportation to another facility. A federal appeals court ruled that prison administrators in the case were not entitled to qualified immunity on a claim that inadequate provision of medical care by a private third party contractor cause the prisoner's suicide. Barkes v. First Corr. Med. Inc., 12-3074 2014 U.S. App. Lexis 17261 (3rd Cir.).

Religion

     A federal appeals court ruled that five death-row prisoners raised viable claims under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc-1(a) as to whether their right to practice their Native American religion was substantially burdened without using the least restrictive means to serve a compelling governmental interest. There was a triable issue of fact under the statute whether they had a right to access a sweat lodge for religious ceremonies, or the right to buffalo meat and other traditional foods for a once a year religious powwow. The plaintiffs could not, however, attempt to collect money damages under the statute from prison officials sued in their individual capacities. Haight v. Thompson, #13-6005, 2014 U.S. App. Lexis 15703, 2014 Fed. App. 188P (6th Cir.).

•Return to the Contents menu.

     Federal Prisons: Legal Resource Guide to the Federal Bureau of Prisons (2014).

     Federal Prisons: Operations Memorandum 004-2014 Guidelines for Background Clearance of Volunteers (July 31, 2014).

     Federal Prisons: Operations Memorandum 006-2014 (6701) Guidelines for Medical Management of Staff Exposure to Bloodborne Pathogens (Aug. 30, 2014).

Reference:

     • Abbreviations of Law Reports, laws and agencies used in our publications.

     • AELE's list of recently-noted jail and prisoner law resources.