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Access to Courts/Legal Info

     Prisoner failed to show that prison employees who allegedly confiscated his legal property and interfered with him filing a timely motion for a new trial in a criminal proceeding violated his right of access to the courts, since he did not establish that this prevented him from asserting a non-frivolous claim. Calton v. Perrin, No. 06-20499, 2007 U.S. App. Lexis 5817 (5th Cir.).

AIDS Related

     Mother of Louisiana inmate who died from complications of HIV failed to show that prison medical personnel acted with deliberate indifference to a known excessive risk that he would die from such complications. Defendants were therefore entitled to summary judgment in federal civil rights lawsuit. Lee v. Stalder, No. 06-30444, 2007 U.S. App. Lexis 5732 (5th Cir.).

Chemical Agents

     Use of one burst of pepper spray against inmate who refused orders to move from solitary confinement to general housing was not objectively unreasonable under clearly-established law, so that defendant prison lieutenant who did so was entitled to qualified immunity. The plaintiff inmate had refused to move because he was allegedly fearful of his safety in the general population. Thomas v. Comstock, No. 04-41696, 2007 U.S. App. Lexis 6159 (5th Cir.).

Defenses: Statute of Limitations

    Prisoner's arguments that the statute of limitations was "tolled" (extended) in his civil rights claims over alleged physical assaults on him were without merit. Additionally, while the trial court should have given him notice and an opportunity to be heard on his argument that the statute of limitations should be considered extended before dismissing the case, he did receive such notice and opportunity to be heard in further proceedings the trial judge then conducted, making remand of the case from the appeals court unnecessary.  Abbas v. Kelly, No. 04-6219, 2007 U.S. App. Lexis 4437 (2d Cir.).

     When state officials allegedly delayed in providing inmate information about two officers who confiscated his crutches until after the two-year statute of limitations expired, he was entitled to the tolling (extension) of the statute of limitations to pursue his claim that the officers were responsible for his injuries from tripping over a mattress. He would therefore be allowed to amend his complaint to add the officers' names. Ogle v. Stewart, No. 04-17534, 2007 U.S. App. Lexis 4040 (9th Cir.).

Diet

     Inmate's claim that he did not receive enough food and had lost nearly 60 pounds since his incarceration did not establish a violation of his civil rights since there was no evidence that his current weight of 190 pounds was detrimental to his health. Jacobs v. Frank, No. 06-3478, 2007 U.S. App. Lexis 5980 (7th Cir.).

First Amendment

     Evidence supported a jury determination that a prison supervisor fired inmate from his prison job and filed a false disciplinary report against him for filing a grievance against him in violation of his First Amendment rights. Appeals court upholds award of nominal damages of $1 and punitive damages of $500 against the supervisor, but finds no basis for liability against other defendants, including the prison warden, administrative review board member, a grievance officer, and a prison counselor, since there was no evidence that they were personally responsible for the actions against the plaintiff. Henderson v. Johnson, No. 04-CV-3037, 2007 U.S. Dist. Lexis 17900 (C.D. Ill.).

Inmate Property

     Ohio prison was liable, under state law, for $192.26 for property a prisoner lost during a transfer from a prison to a hospital because of negligence, but could not receive further damages for "mental anguish" he allegedly experienced as a result of the loss. Britford v. Pickaway Correctional Inst., No. 2006-05055, 2007 Ohio Misc. Lexis 33 (Ohio Ct. of Claims).

Medical Care

     Prisoners allowed to proceed with class action lawsuit claiming that male prisoners at county jail were screened for sexually transmitted diseases without their consent. The jail's admissions process for pretrial detainees allegedly had included a urethral swabbing inside a detainee's penis to collect samples to test for such sexually transmitted diseases as gonorrhea and chlamydia. The trial judge declined to enter summary judgment either for or against the defendant correctional officials. Jackson v. Sheriff of Cook County, et al., No. 06 C 493, 2007 U.S. Dist. Lexis 21141 (N.D. Ill.).

     Louisiana prisoner failed to show that two emergency medical technicians ignored his medical complaints, refused to treat him, or purposefully provided him with improper treatment. Claims against correctional officials and employees in their official capacities were claims against the state, which were barred by the Eleventh Amendment. Calloway v. Cowan, No. 05-30446, 2007 U.S. App. Lexis 6433 (5th Cir.).

     In a lawsuit over treatment of a detainee who suffered both a seizure and a disabling brain aneurysm within 72 hours of being placed in a jail, following his complaint of a four-day headache, there was sufficient evidence from which a jury could conclude that an emergency medical technician acted with deliberate indifference by allegedly ignoring a doctor's order that he be contacted if the headache worsened, when the EMT allegedly knew that the prisoner had a family history of cerebral aneurysm. Webb v. Douglas County, No. 05-35481, 2007 U.S. App. Lexis 5963 (9th Cir.).

     Inmate's knee injury, a torn meniscus, did not constitute a "serious medical need" for purposes of the Eighth Amendment. Additionally, the prisoner was provided with both surgery and treatment for pain. The mere fact that he might have preferred the surgery to be performed earlier, or that the treatment be "more aggressive" did not show a violation of his constitutional rights. Johnson v. Wright, No. 05-CV-6313, 2007 U.S. Dist. Lexis 17915 (W.D.N.Y.).

     In a medical malpractice case brought against the federal Bureau of Prisons applying Virginia law through the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2671 et seq., a prisoner could not show negligence in the failure to diagnose and treat his neurological impairment in the absence of expert witness testimony. Further, under Virginia law, the prisoner had to provide a certificate of merit for his lawsuit prior to filing it, except if his claim fell within an exception for "rare instances" where the alleged medical negligence was within the "common knowledge and experience" of non-experts, which was not the case here. Summary judgment was therefore granted for the government. Parker v. U.S., No. 1:06cv774, 2007 U.S. Dist. Lexis 12760 (E.D. Va.).

Medical Care: Dental

     Texas prisoner's claim that the failure to provide him with recommended dentures caused him difficulty eating, headaches, disfigurement, severe pain, and bleeding in his mouth and stool was sufficient to assert a claim for a violation of his constitutional rights. Vasquez v. Dretke, No. 05-41170, 2007 U.S. App. Lexis 5665 (5th Cir.).

     Dentist's offer to modify a prisoner's existing dental bridge, rather than to provide a replacement fixed bridge when the existing one wiggled slightly due to a cavity on a tooth did not constitute deliberate indifference to a serious medical condition. O'Connor v. McArdle, No. 06-1355-cv, 2007 U.S. App. Lexis 4101 (2nd Cir.).

Prison Litigation Reform Act: Exhaustion of Remedies

     In a federal civil rights lawsuit under Bivens, when a trial court cannot clearly conclude from the complaint that the plaintiff prisoner has failed to exhaust his available administrative remedies, or that he lacks a valid excuse for failing to do so, the complaint should not be dismissed without providing the plaintiff with an opportunity to address the issue.  Aquilar-Avellaveda v. Terrell, No. 06-3334, 478 F.3d 1223 (10th Cir. 2007).

     Prisoner failed to show that he had exhausted available administrative remedies as required by 42 U.S.C. Sec. 1997e(a) when the record established that he did not follow the prison's grievance procedures as set forth in an inmate handbook. Kinlaw v. Foster, No. 06-3446, 2007 U.S. App. Lexis 6570 (3rd Cir.).

Prisoner Assault: By Inmates

     Trial court acted erroneously by dismissing prisoner's lawsuit claiming that prison guards failed to adequately protect him from assault by another inmate who had posted a note saying that he was a homosexual and allegedly threatened to harm him. While guards separated the two men when they first fought, they were subsequently housed two doors away from each other, despite the knowledge of the prior fight and prior threats. Miller v. Fisher, No. 05-2024, 2007 U.S. App. Lexis 5982 (7th Cir.).

     Inmate in county jail on a probation violation failed to show that jail personnel violated his rights by failing to segregate and protect him, resulting in an attack by another inmate causing him to suffer a broken jaw. Loggins v. Franklin County, Ohio, No. 05-4135, 2007 U.S. App. Lexis 5614 (6th Cir.).

Prisoner Assault: By Officers

     Prisoner stated viable claim for excessive use of force by alleging that he was placed in hand restraints, and taken to a holding cell after his attempt to enter the prison library caused a metal detector to sound, and then that a guard repeatedly tightened the restraints on his hands for approximately 20 minutes, followed by kicking him to the ground. Viable claims were also asserted against other defendants who allegedly either threatened the prisoner for his prior involvement in litigation or else "stood by and watched" while other persons threatened or assaulted him. Clark v. Argutto, No. 06-12350, 2007 U.S. App. Lexis 6445 (11th Cir.).

     Warden was not entitled to summary judgment on prisoner's claim that he had been warned by a previous warden about certain guards with violent tendencies who "might kill" a prisoner, including the guard who allegedly attacked him and broke his jaw. The warden, instead of firing the guard in question or taking other corrective action, allegedly promoted him to captain. Mathews v. Crosby, No. 05-12515, 2007 U.S. App. Lexis 6156 (11th Cir.).

Prisoner Classification

     Prisoners housed in "Capital Case Unit" in Pennsylvania prison failed to show that their rights were violated when they were not transferred from there to the general population when their death sentences were vacated or overturned. The state Department of Corrections had discretion as to where to house such prisoners, and the prisoners failed to show that remaining where they were subjected them to "atypical and significant" hardships in relation to the "ordinary incidents of prison life." Clark v. Beard, No. 644 C.D. 2006, 2007 Pa. Commw. Lexis 61.

Prisoner Death/Injury

     Prisoner's claim that he slipped, fell, and was injured because of prison officials' failure to provide non-slip mats on the floor near a prison shower was based on negligence, at most, and was insufficient to be the basis for a violation of the Eighth Amendment prohibition on cruel and unusual punishment, which requires a showing of deliberate indifference. Graham v. Poole, No. 06-CV-6271L, 2007 U.S. Dist. Lexis 17916 (W.D.N.Y.).

     Prisoner could not pursue claim for violation of his federal civil rights based on his slip and fall at a county jail which failed to allege anything more than mere negligence on the part of jail officials. Heredia v. Doe, 05 Civ. 5777, 2007 U.S. Dist. Lexis 9105 (S.D.N.Y.).

Prisoner Discipline

     When the record showed that there was an evidentiary basis for each disciplinary charge brought against an inmate, the prisoner failed to show that the charges had been improperly brought against him in retaliation for his prior filing of grievances and appeals. Young v. Beard, No. 06-3621, 2007 U.S. App. Lexis 6559 (3rd Cir.).

     Disciplinary determination against prisoner for conspiracy to possess alcohol and drugs, and for telephone abuse had to be annulled without requiring a new hearing, based on an unexplained delay of between seven and 21 months between the commission of the alleged acts and the issuance of the misbehavior report. This delay, the court found, violated the prisoner's due process rights, and the court ordered the expungement from the prisoner's record of all references to the charges made. Loret v. Goord, No. 280 TP 06-03014, 2007 N.Y. App. Div. Lexis 3470 (4th Dept.).

Prisoner Name Changes

     No law prohibited an inmate incarcerated in a California county jail while waiting to be sentenced in federal court on federal convictions from legally changing his name. The trial court erred in deciding that such a name change would necessarily be illegal. On remand, the trial court must determine whether there were any substantial reasons for denying the name change petition. In re Arnett, #F049847, 2007 Cal. App. Lexis 359 (5th Dist.).

Privacy

     Male prisoner failed to show a violation of Fourth Amendment privacy rights or 8th Amendment rights based on female correctional officers' alleged intentional observation of him in the shower or in his housing unit nude or in various undressed states, but the court ordered further proceedings on his claims that he was subsequently "ogled" multiple times in retaliation for his pursuit of grievances over the observations. The court dismissed claims based on a correctional officers alleged actions in informing inmates and staff members that the plaintiff was a homosexual, child molester, and/or rapist. Morris v. Newland, No. CIV S-00-2794, 2007 U.S. Dist. Lexis 15725 (E.D. Cal.).

Religion

     Acting warden was not entitled to dismissal of prisoner's claim that he had denied him his right to attend Friday Muslim prayer services in violation of the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C.S. § 2000cc-2(a). Henderson v. Ayers, No. CV 06-4348, 2007 U.S. Dist. Lexis 18791 (C.D. Cal.).

Sexual Assault

     New York corrections department was liable for damages for sexual assault on prisoner when it failed to comply with a criminal court judge's order that he be placed in protective custody based on prior sexual assaults against him while in a jail's general population. Further proceedings ordered on the amount of damages to be awarded. Hunt v. New York, 9623-9624, Claim 101841, 2007 N.Y. App. Div. Lexis 602 (1st Dept.).

     While the U.S. government was not liable for the intentional actions of one federal prison guard who was convicted of sexual assault of an inmate, there was an issue of material fact as to whether two other guards, who allegedly brought the inmate to that guard at his request, giving him unmonitored access to a female prisoner, in violation of prison regulations, after midnight, led to the assault. Summary judgment denied on plaintiff prisoner's lawsuit under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346. Davis v. U.S., 3:03-CV-0415, 2007 U.S. Dist. Lexis 11198 (N.D. Tex.).

Sexual Offender Programs

     Prisoner who completed his sentence following a determination that he was a sexually violent predator (SVP), and then was housed at a county jail pursuant to a civil commitment, stated a claim for violation of his constitutional rights in housing him there. Appeals court rejects arguments that confinement in the county jail in "total separation" was not "punitive" and was not a "disciplinary category." The plaintiff, having been civilly committed, could not be subjected to conditions constituting punishment. Cerniglia v. Sacramento County, No. 04-17478, 2007 U.S. App. Lexis 2422 (9th Cir.).

Strip Searches

     Arrestees could pursue their claims that a state detention facility engaged in unconstitutional strip searches of incoming detainees, but claims against city for transporting arrestees to the facility while knowing of these searches were dismissed. Jones v. Murphy, No. 05-1287, 2007 U.S. Dist. Lexis 1220 (D. Md.).

Telephone Access

     In a lawsuit claiming that the rights of family members of prisoners and the rights of others were violated by a contract under which the state correctional department collected a 57.5% commission from the recipients of collect calls from prisoners, the highest court in New York ordered further proceedings on alleged violations of the power to tax, due process, equal protection, and the rights of free speech and association. Such claims were not untimely, as a statute of limitations did not run until a state Public Service Commission (PSC) issued an order in October of 2003 approving the phone rate change in a 2001 contract between the corrections department and phone vendors. Walton v. New York State Dep't of Corr. Servs., No. 12, 2007 N.Y. Lexis 165.

Video Surveillance

     Pennsylvania court rules that it did not violate the privacy rights of detainees in police department holding cells for their cells to be monitored from the mayor's home through the use of video surveillance. The detainees had no legitimate expectation of privacy in their cells, and the video images were not communicated to the public at large, or distributed on an overly broad basis. DeBlasio v. Pignolia, No. 213 C.D. 2006, 2007 Pa. Commw. Lexis 113.

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     AIDS Related: National Survey of Infectious Diseases in Correctional Facilities: HIV and Sexually Transmitted Diseases, NIJ-Sponsored, 2007, NCJ 217736. (34 pages).

     Jail Inspection: Jail Inspection Basics: An Introductory Self-Study Course for Jail Inspectors. 2nd ed. Author(s) Rosazza, Thomas A. Source(s) National Institute of Corrections (Washington, DC) Sponsor(s) National Institute of Corrections (Washington, DC) Published 2007. 136 pages. This self-paced, self-instruction course explains the role and responsibilities of a jail inspector. Questions are asked at the end of each chapter which lead to answers from and discussion with their supervisors. Chapters cover: legal issues; standards; the inspection process; facility design; communication; government structures and processes; and resources. Also see: Jail Inspection Basics: An Introductory Self-Study Course for Jail Inspectors, Supervisor's Guide.

     Mentally Ill Prisoners: Report on the Status of Services for Persons with Mental Illness in Maine's Jails 2000-2007: What Has Changed? Source(s) National Alliance for the Mentally Ill (NAMI) Maine (Augusta, ME) Published 2007. 22 pages. The failure to treat mentally ill offenders in Maine's jails is addressed. Parts of the full report that follows an executive summary are: introduction (2000-2002); more studies (2003-2006); joint action plan; "Corrections at a Crossroads" -- a report to Cumberland County, Maine; summary of local diversion efforts since 2000; December 2006 Jail Survey; conclusions; and a call to action. One of the nine recommendations made is that the state of Maine "must implement a comprehensive strategy for preventing the inappropriate incarceration of seriously mentally ill individuals and for diverting those individuals away from the criminal justice system" as mandated (p. 17).

     Prisoner Suicide: Technical Assistance Report on Suicide Prevention Practices Within the Massachusetts Department of Correction 63 pages, 2007. Author(s) Hayes, Lindsay M. Source(s) National Center on Institutions and Alternatives (Mansfield, MA) Details Published 2007. 63 pages. An assessment of the Massachusetts Department of Corrections' suicide prevention procedures is provided. Four sections comprise this report: introduction; findings and recommendations regarding staff training, identification and screening, communication, housing, levels of supervision, intervention, reporting, and follow-up and mortality review; summary of recommendations; and conclusion.

     Sexual Offenders: Evaluating and Improving Risk Assessment Schemes for Sexual Recidivism: A Long-Term Follow-Up of Convicted Sexual Offenders, NIJ-Sponsored, 2007, NCJ 217618. (155 pages). PDF NCJRS Abstract

Reference:

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

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