AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


     Back to list of subjects             Back to Legal Publications Menu

Police Prisoners: Pretrial Detainees

     The family of a female arrestee who died while held in a cell in a police station without needed medical attention for over 24 hours was awarded $1 million in damages by a jury. According to the plaintiffs, the woman's lawyer and several family members repeatedly let officers know that she was seriously ill, and she herself informed them of this also. She was obese, diabetic, and had asthma. The jury found that a police practice of holding detainees in cells in police stations without medical attention for up to two days was unconstitutional. Ortiz v. the City of Chicago, #04-C-7423, U.S. Dist. Ct. (N.D. Ill. Nov. 4, 2013).
     223:106 Prisoner's civil rights suit claiming that his due process rights were violated when he was punished for refusing to work after his habeas corpus petition was granted but he remained imprisoned should not have been dismissed as frivolous, federal appeals court rules; prisoner claimed that this made him a pretrial detainee. Cokeley v. Endell, 27 F.3d 331 (8th Cir. 1994).
     Arrestees seized without warrants are entitled to probable cause hearings "no later" than 48 hours after arrest. Co. of Riverside v. McLaughlin, 111 S.Ct. 1661 (1991).
     Federal prison officials not entitled to qualified immunity for pretrial detainee's suit alleging confinement to cell for 22- 23 hours per day for 27 days. Lyons v. Powell, 729 F.Supp. 1404 (D.N.H. 1990).
     Federal appeals court upholds $125,000 verdict against guard who allegedly aided four inmates in raping prisoner. Vaughn v. Willis, 853 F.2d 1372 (7th Cir. 1988).
     State prison officials immune in official capacities and not liable personally for assault on inmates by another prisoner. Leer v. Murphy, 844 F.2d 628 (9th Cir. 1988).
     Denial of injunctive relief to pre-trial detainee who claimed he was held for eight days without arraignment was appealable, but was also moot after his release. Holmes v. Fisher, 854 F.2d 229 (7th Cir. 1988).
     Arrestee can constitutionally be kept up to 72 hours in New York without arraignment. Williams v. Ward, 845 F.2d 374 (2d Cir. 1988).
     City to pay $410,000 for death of detainee arrested for being drunk. Information about the settlement was obtained from the Philadelphia, Pa., Inquirer, 11/19/86.
     Federal Court in Georgia specifically upholds use of hard shackles on nonviolent pretrial detainees. Young v. City of Atlanta, 631 F.Supp. 1498 (N.D. Ga. 1986).
     Couple arrested nude reaches settlement of $110,000. Gardner v. City of Seattle, Daily Journal, Perry Oklahoma, 3/2/85.
     Class action status granted to pretrial detainees. Arrango v. Ward, 103 F.R.D. 638 (S.D.N.Y. 1984).
     Chaining pretrial detainee to hospital bed supported by security reasons. Guerroero v. Cain, 574 F.Supp. 1012 (D. Ore. 1983).
     Prisoner claiming he was not immediately released from jail despite court order releasing him has class action standing; case includes a discussion of class action status. Lewis v. Tully, 99 F.R.D. 632 (N.D. Ill. 1983).
     City could be liable for method of handcuffing arrestees in paddy wagons causing injuries; city could also be liable if it had a policy of covering up police misconduct. Brown v. City of Chicago, 573 F.Supp. 1375 (N.D. Ill. 1983).
     Sheriff may be liable for detainee's beating for failure to segregate detainees from convicted felons. Reynolds v. Sheriff, City of Richmond, 574 F.Supp. 90 (E.D. Va. 1983).
     Visual body cavity search of female arrestee was constitutional. Dufrin v. Spreen, 712 F.2d 1084 (6th Cir. 1983).
     Pretrial detainee's suit not frivolous under 28 U.S.C. 1915(d). Co. jail conditions violated Fifth and Fourteenth Amendments. Malone v. Colyer, 710 F.2d 258 (6th Cir. 1983). Permissible to put pretrial detainee in maximum security classification. Williams v. Ward, 567 F.Supp. 10 (E.D.N.Y. 1983).
     Population "cap" on pretrial detainees is ordered by court. Sheriff must release low bond inmates. Duran v. Elrod, 713 F.2d 292 (7th Cir. 1983).
     Some county jail conditions O.K., others were not-exercise, mail, and religious services. Mawby v. Ambroyer, 568 F.Supp. 245 (E.D. Mich. 1983).
     Injunction granted against city's procedure for arresting "public drunks." Sundance v. Mun. Ct. of L.A. Jud. dist., 190 Cal.Rptr. 432 (App. 1983).
     Pretrial detainees has no right to attend funeral. Samuels v. Department of Correction, N.Y.C., 548 F.Supp. 253 (E.D.N.Y. 1982).
     Co. prisoner in New York not allowed to attend father's funeral in Jamaica. People v. Lewis, 454 N.Y.S.2d 252 (Co. Ct. 1982).
     Louisiana appeals court rules that police officers were not liable for injuries sustained by an arrestee who was struck by a second arrestee in the back seat of a police car. Garrison v. City of Berwick, 217 So.2d 48 (La. App. 1982).
     Plaintiff's award of $3,800 in false imprisonment case overturned by appellate court. Valadez v. City of Des Moines, 324 N.W.2d 475 (Iowa 1982).
     Man who was taken into "protective custody" as a public drunk died eight hours after being placed in a holding cell to sober up; federal court rules that decedent's heirs adequately alleged violation of due process by challenging police procedure. Pantoja v. City of Gonzales, 538 F.Supp. 335 (N.D. Cal. 1982).
     Handcuffed arrestee transported to police station in squadrol found injured upon arrival; district court finds that material issue of genuine fact existed as to whether city was grossly negligent regarding the condition of the squadrol. Magayanes v. Terrance, 542 F.Supp. 28 (N.D. Ill. 1982).
     New York Court judge rules that pretrial detainee who had not engaged in conduct threatening institutional security or herself must be released from administrative detention and allowed contact visitation. Boudin v. Thomas, 533 F.Supp. 786 (S.D. N.Y. 1982).
     Fifth Circuit upholds dismissal of Texas pretrial detainee's suit seeking damages for injuries sustained while in a county jail. Olgin v. Darnell, 664 F.2d 107 (5th Cir. 1981).
     Appeals court rules that some of pretrial detainee's claims on conditions of confinement were improperly dismissed. Montana v. Commissioner's Court, 659 F.2d 19 (5th Cir. 1981).
     Utah Supreme Court agrees with trial judge on constitutionality of conditions at detention center; orders additional remedial measures. Wickham v. Fisher, 629 P.2d 896 (Utah 1981).
     Illinois Federal Court rules prisoner's claim sufficiently stated an action against a police sergeant, chief of police and the city by alleging an adequate link that all defendants contributed to his medical mistreatment; allows prisoner's suit to continue. Wright v. Strickler, 523 F.Supp. 193 (N.D. Ill. 1981).
     Damages awarded to arrestee who was beaten by city police officers for refusal to change into prison uniform. City of Birmingham v. Thompson, 404 So.2d 589 (Ala. 1981).
     City liable for injuries to inmate assaulted by other inmates. Inadequate staffing because of budgetary constraints is no defense. Doe v. City of Albuquerque, 631 P.2d 728 (N.M. App. 1981).
     City and Co. not liable for detention of "wrong" suspect based on NCIC information from another state. Hernandez v. City of Reno, 634 P.2d 668 (Nev. 1981).
     Magistrate recommends dismissal of numerous challenges of conditions by inmates at Washington Co. jail; federal judge accepts report. Inmates, Washington Co. Jail v. England, 516 F.Supp. 132 (E.D. Tenn. 1980).
     Pretrial detainee cannot be moved to penitentiary under `safekeeping' statute; definition of `jail' does not include prison. State v. Grey, 602 S.W.2d 259 (Tenn. 1980).
     Detainee in drunk tank not a "prisoner"; city liable for assault by fellow inmates' $35,000 awarded. Meyer v. City of Oakland, 166 Cal.Rptr. 79 (App. 1980).
     California court upholds "publisher only" rule with regard to distribution of books and magazines to pretrial detainees; same court finds prohibition of child visits unconstitutional. In re Smith, 169 Cal.Rptr. 564 (Cal.App. 1980).
     Federal court enters consent decree adjudging rights of pretrial detainees who have been transferred from a county or city jail to a penitentiary. Epps v. Levine, 484 F.Supp. 474 (D. Md. 1980).
     Reasonable restrictions on pretrial detainees are O.K. -mail, searches of inmates and cells, double-celling. Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979).
     Reasonable restrictions on pretrial detainees are O.K. -mail, searches of inmates and cells, double-celling. Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861 (1979).
     Police officer violates "prisoner check" policies after placing prisoner in "the hole." $6,000 in punitive damages after prisoner commits suicide. Falkenstein v. City of Bismark, 268 N.W.2d 787 (N.D. 1978).
     For earlier case discussions see: Feeley v. Sampson, 570 F.2d 364 (1st Cir. 1978); Miller v. Carson, 401 F.Supp. 835 (M.D. Fla. 1975); Rhem v. Malcolm, 371 F.Supp. 594 (S.D.N.Y. 1974); Inmates of Suffolk Co. Jail v. Eisenstadt, 360 F.Supp. 676 (D. Mass. 1973); Inmates of Milwaukee Co. Jail v. Petersen, 353 F.Supp. 1157 (E.D. Wis. 1973); Collins v. Schoonfield, 344 F.Supp. 257 (D. Md. 1972); Brenneman v. Madigan, 343 F.Supp. 128 (N.D. Cal. 1972).

Back to list of subjects             Back to Legal Publications Menu