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