Corrections Caselaw Quarterly articles from May 2003

Corrections Caselaw Quarterly archives from May 2003

Ferrington v. Louisiana Dept. of Corrections.(exhaustion of state remedies)(Brief Article)
May 1, 2003... U.S. Appeals Court PLRA -- Prison Litigation Reform Act EXHAUSTION Ferrington v. Louisiana Dept. of Corrections, 315 F.3d 529 (5th Cir. 2002). A state prisoner brought a [section] 1983 action against a corrections department and...

Giba v. Cook.(legal materials)(Brief Article)
May 1, 2003... U.S. District Court LEGAL MATERIALS JAILHOUSE LAWYERS PRIVILEGED CORRESPONDENCE SEARCHES Giba v. Cook, 232 F.Supp.2d 1171 (D.Or. 2002). A state prisoner brought a [section] 1983 action, alleging various constitutional...

Judd v. Furgeson.(frivolous suits )(Brief Article)
May 1, 2003... U.S. District Court FRIVOLOUS SUITS PLRA -- Prison Litigation Reform Act Judd v. Furgeson, 239 F.Supp.2d 442 (D.N.J. 2002). A federal prisoner filed an amended motion to proceed in forma pauperis. The district court held that the...

Merriweather v. Sherwood.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. District Court LAW LIBRARY Merriweather v. Sherwood, 235 F.Supp.2d 339 (S.D.N.Y. 2002). Prison officials moved, under the Prison Litigation Reform Act (PLRA), to dissolve a prison conditions consent decree entered 24 years...

Rodriguez v. Ames.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. District Court PRIVILEGED COMMUNICATION TELEPHONE Rodriguez v. Ames, 224 F.Supp.2d 555 (W.D.N.Y. 2002). A pro se state prisoner brought a suit against state corrections officials and employees, alleging violations of...

Terry Ex Rel. Terry v. Hill.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. District Court ACCESS TO COURT Terry Ex Rel. Terry v. Hill, 232 F.Supp.2d 934 (E.D.Ark. 2002). Pretrial detainees brought a class action against the Arkansas Department of Human Services, claiming that inordinate delays in...

DeBlasio v. Gilmore.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. Appeals Court FILING FEES PLRA -- Prison Litigation Reform Act DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his...

Hannon v. Allen.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. District Court TRANSFER Hannon v. Allen, 241 F.Supp.2d 71 (D.Mass. 2003). A Pennsylvania inmate who was transferred to a prison in Massachusetts brought a [section] 1983 action claiming denial of his right of access to...

Mitchell v. Horn.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. Appeals Court RETALIATION FOR LEGAL ACTION Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials, alleging that the officer...

Risdal v. Iowa.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. District Court FRIVOLOUS SUITS COURT COSTS Risdal v. Iowa, 243 F.Supp.2d 970 (S.D.Iowa 2003). A prisoner brought a pro se habeas corpus proceeding challenging the imposition of prison discipline. The defendants moved to...

Santos v. Hauck.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. District Court EXHAUSTION PLRA -- Prison Litigation Reform Act Santos v. Hauck, 242 F.Supp.2d 257 (W.D.N.Y. 2003). A state inmate brought a [section] 1983 action against correctional officers, alleging various violations of...

Simmons v. Sacramento County Superior Court.(ACCESS TO COURT)(Brief Article)
May 1, 2003... U.S. Appeals Court CIVIL SUIT Simmons v. Sacramento County Superior Court, 318 F.3d 1156 (9th Cir. 2003). A state prisoner brought a [section] 1983 action after a default judgment was issued against him in a civil personal injury...

2. Administration.(Brief Article)
May 1, 2003... No Cases.

Phillips v. Norris.(ADMINISTRATIVE SEGREGATION)(Brief Article)
May 1, 2003... U.S. Appeals Court VISITS RELIGIOUS SERVICES EXERCISE Phillips v. Norris, 320 F.3d 844 (8th Cir. 2003). A state prison inmate brought a [section] 1983 action against corrections officials, alleging violations of his rights...

DeBlasio v. Gilmore.(filing fees)(Brief Article)
May 1, 2003... U.S. Appeals Court COURT COSTS PLRA -- Prison Litigation Reform Act DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his...

Risdal v. Iowa.(prison discipline, habeas corpus case)(Brief Article)
May 1, 2003... U.S. District Court COURT COSTS Risdal v. Iowa, 243 F.Supp.2d 970 (S.D.Iowa 2003). A prisoner brought a pro se habeas corpus proceeding challenging the imposition of prison discipline. The defendants moved to dismiss the case based on...

Armstrong v. Davis.(ATTORNEY FEES)(Brief Article)
May 1, 2003... U.S. Appeals Court PLRA -- Prison Litigation Reform Act Armstrong v. Davis, 318 F.3d 965 (9th Cir. 2003). Prisoners who had prevailed on their claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) moved...

Christina A. Ex Rel. Jennifer A. v. Bloomberg.(ATTORNEY FEES)(Brief Article)
May 1, 2003... U.S. Appeals Court CONSENT DECREE PLRA -- Prison Litigation Reform Act Christina A. Ex Rel. Jennifer A. v. Bloomberg, 315 F.3d 990 (8th Cir. 2003). A class of juvenile inmates sued the secretary of a state corrections department...

U.S. v. Goba.(BAIL)(Brief Article)
May 1, 2003... U.S. District Court BAIL REFORM ACT U.S. v. Goba, 240 F.Supp.2d 242 (W.D.N.Y. 2003). Defendants who were charged with conspiring to knowingly provide material support and resources to a foreign terrorist organization and related...

Wang v. Ashcroft.(BAIL)(Brief Article)
May 1, 2003... U.S. Appeals Court ALIEN Wang v. Ashcroft, 320 F.3d 130 (2nd Cir. 2003). An alien petitioned for habeas corpus relief, arguing that his removal to China would violate the United Nations Convention Against Torture (CAT), and that his...

Smith v. Cochran.(CIVIL RIGHTS)(Brief Article)
May 1, 2003... U.S. District Court SEXUAL HARASSMENT Smith v. Cochran, 216 F.Supp.2d 1286 (N.D.Okla. 2001). A female former inmate filed a [section] 1983 suit alleging that a state drivers license examiner forced her to have sex with him while she...

Ainsworth v. Stanley.(CIVIL RIGHTS)(Brief Article)
May 1, 2003... U.S. Appeals Court SELF-INCRIMINATION PROGRAMS Ainsworth v. Stanley, 317 F.3d 1 (1st Cir. 2002). Convicted sex offenders sued a state corrections department alleging violation of their Fifth Amendment right against...

Calhoun v. Detella.(CIVIL RIGHTS)(Brief Article)
May 1, 2003... U.S. Appeals Court SEARCH CRIPA -- Civil Rights of Institutionalized Persons Act Calhoun v. Detella, 319 F.3d 936 (7th Cir. 2003). A male state prisoner sued prison employees under [section] 1983, alleging that a strip search...

Johnson v. State of California.(CIVIL RIGHTS)(Brief Article)
May 1, 2003... U.S. Appeals Court RACIAL DISCRIMINATION CLASSIFICATION EQUAL PROTECTION Johnson v. State of California, 321 F.3d 791 (9th Cir. 2003). An African-American state prison inmate brought an action against prison administrators,...

Singleton v. Norris.(CIVIL RIGHTS)(Brief Article)
May 1, 2003... U.S. Appeals Court EXECUTION Singleton v. Norris, 319 F.3d 1018 (8th Cir. 2003). A death row prisoner who was being forcibly administered psychotropic medication sought an order ordering a halt to the treatment. The state court denied...

Estate of Ford v. Ramirez-Palmer.(CLASSIFICATION & SEPARATION)(Brief Article)
May 1, 2003... U.S. Appeals Court CELL ASSIGNMENT SEPARATION Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043 (9th Cir. 2002). The family and estate of a state prison inmate who was killed by his cellmate brought a [section] 1983 action against...

West v. Macht.(CLASSIFICATION & SEPARATION)(Brief Article)
May 1, 2003... U.S. District Court SEX OFFENDER CIVIL COMMITMENT West v. Macht, 235 F.Supp.2d 966 (E.D.Wis. 2002). Civilly-committed sex offenders brought a [section] 1983 action against employees of a state treatment facility. The district...

Johnson v. State of California.(racial discrimination case)(Brief Article)
May 1, 2003... U.S. Appeals Court CELL ASSIGNMENT RACIAL DISCRIMINATION DOUBLE-CELLING Johnson v. State of California, 321 F.3d 791 (9th Cir. 2003). An African-American state prison inmate brought an action against prison administrators,...

Davis v. New York.(CONDITIONS OF CONFINEMENT)(second-hand smoke)(Brief Article)
May 1, 2003... U.S. Appeals Court SMOKE Davis v. New York, 316 F.3d 93 (2nd Cir. 2002). A pro se state prisoner brought a [section] 1983 action alleging he was exposed to unreasonably high levels of second-hand smoke, in violation of the Eighth...

Drake v. Velasco.(CONDITIONS OF CONFINEMENT)(Brief Article)
May 1, 2003... U.S. District Court FOOD SANITATION Drake v. Velasco, 207 F.Supp.2d 809 (N.D.Ill. 2002). An inmate sued county corrections officials and a food service company under [section] 1983, alleging failure to provide him with sanitary...

Atkinson v. Taylor.(CONDITIONS OF CONFINEMENT)(environmental tobacco smoke )(Brief Article)
May 1, 2003... U.S. Appeals Court SMOKE Atkinson v. Taylor, 316 F.3d 257 (3rd Cir. 2003). An inmate brought a suit under [section] 1983 claiming that prison officials violated his Eighth Amendment rights by exposing him to environmental tobacco smoke...

Atkinson v. Taylor.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
May 1, 2003... U.S. Appeals Court SMOKE Atkinson v. Taylor, 316 F.3d 257 (3rd Cir. 2003). An inmate brought a suit under [section] 1983 claiming that prison officials violated his Eighth Amendment rights by exposing him to environmental tobacco smoke...

Calhoun v. Detella.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
May 1, 2003... U.S. Appeals Court SEARCHES Calhoun v. Detella, 319 F.3d 936 (7th Cir. 2003). A male state prisoner sued prison employees under [section] 1983, alleging that a strip search conducted in the presence of female officers violated his...

Pannell v. McBride.(DISCIPLINE)(Brief Article)
May 1, 2003... U.S. Appeals Court WITNESS DUE PROCESS Pannell v. McBride, 306 F.3d 499 (7th Cir. 2002). A state inmate sought federal habeas corpus relief after a prison conduct adjustment board found him guilty of possessing a deadly weapon....

Seehausen v. Van Buren.(DISCIPLINE)(Brief Article)
May 1, 2003... U.S. District Court NOTICE DUE PROCESS Seehausen v. Van Buren, 243 F.Supp.2d 1165 (D.Or. 2002). A federal prisoner brought a habeas corpus claim challenging the imposition of discipline for phoning a former inmate who was on home...

Mitchell v. Horn.(retaliation claim)(Brief Article)
May 1, 2003... U.S. Appeals Court DUE PROCESS RETALIATION Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials, alleging that the officer...

12. Exercise and recreation.(Brief Article)
May 1, 2003... No Cases.

Smith v. Cochran.(cases of intentional infliction of emotional distress)(Brief Article)
May 1, 2003... U.S. District Court CLAIMS Smith v. Cochran, 216 F.Supp.2d 1286 (N.D.Okla. 2001). A female former inmate filed a [section] 1983 suit alleging that a state drivers license examiner forced her to have sex with him while she was on work...

Kiman v. New Hampshire Dept. of Corrections.(EX-OFFENDERS)(Brief Article)
May 1, 2003... U.S. Appeals Court CLAIMS Kiman v. New Hampshire Dept. of Corrections, 301 F.3d 13 (1st Cir. 2002). A former inmate suffering from amyotrophic lateral sclerosis (ALS) brought a [section] 1983 action against corrections officials,...

McCurry v. Moore.(EX-OFFENDERS)(Brief Article)
May 1, 2003... U.S. District Court CLAIMS McCurry v. Moore, 242 F.Supp.2d 1167 (N.D.Fla. 2002). A former state inmate brought a pro se [section] 1983 action against prison officials, individually and in their official capacity, alleging that he was...

DeBlasio v. Gilmore.(filing fees)(Brief Article)
May 1, 2003... U.S. Appeals Court CLAIMS PLRA -- Prison Litigation Reform Act DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his certified...

Wallin v. Norman.(EX-OFFENDERS)(Brief Article)
May 1, 2003... U.S. Appeals Court CLAIMS Wallin v. Norman, 317 F.3d 558 (6th Cir. 2003). A former state prisoner filed a [section] 1983 action against various prison officials alleging that he was denied proper medical treatment while in prison, and...

Estate of Ford v. Ramirez-Palmer.(Brief Article)
May 1, 2003... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043 (9th Cir. 2002). The family and estate of a state prison inmate who was killed by his cellmate brought a [section] 1983 action against an...

Petrone v. Pike County Probation Dept.(FAILURE TO PROTECT)(Brief Article)
May 1, 2003... U.S. District Court PROTECTION FROM HARM PAROLE Petrone v. Pike County Probation Dept., 240 F.Supp.2d 317 (M.D.Pa. 2002). The administrators of the estate of a woman who was killed by her husband, brought a [section] 1983 action...

Pizzuto v. County of Nassau.(FAILURE TO PROTECT)(Brief Article)
May 1, 2003... U.S. District Court WRONGFUL DEATH OFFICER ON PRISONER ASSAULT Pizzuto v. County of Nassau, 240 F.Supp.2d 203 (E.D.N.Y. 2002). The family of a county corrections facility inmate who had been beaten to death by corrections...

Sheppard v. Phoenix.(FAILURE TO PROTECT)(Brief Article)
May 1, 2003... U.S. District Court OFFICER ON PRISONER ASSAULT Sheppard v. Phoenix, 210 F.Supp.2d 450 (S.D.N.Y. 2002). Current and former inmates filed a class action alleging that city corrections officials engaged in a pattern of brutality and used...

Cavalieri v. Shepard.(FAILURE TO PROTECT)(Brief Article)
May 1, 2003... U.S. Appeals Court SUICIDE ATTEMPT Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003). The mother of a pretrial detainee who attempted suicide brought a [section] 1983 action against a police officer, alleging deliberate indifference...

Pizzuto v. County of Nassau.(cases of wrongful death )(Brief Article)
May 1, 2003... U.S. District Court OFFICER ON PRISONER ASSAULT WRONGFUL DEATH Pizzuto v. County of Nassau, 239 F.Supp.2d 301 (E.D.N.Y. 2003). Family members of a county corrections inmate who was fatally beaten by corrections officers sued the...

Robinson v. U.S. Bureau of Prisons.(FAILURE TO PROTECT)(Brief Article)
May 1, 2003... U.S. District Court PRISONER ON PRISONER ASSAULT Robinson v. U.S. Bureau of Prisons, 244 F.Supp.2d 57 (N.D.N.Y. 2003). The mother of a federal prisoner who died after he was stabbed by another inmate, brought [section] 1983 and Federal...

15. Facilities.
May 1, 2003... No Cases.

Biberdorf v. Oregon.(FALSE IMPRISONMENT/ARREST)(Brief Article)
May 1, 2003... U.S. District Court FALSE IMPRISONMENT Biberdorf v. Oregon, 243 F.Supp.2d 1145 (D.Or. 2002). A state prisoner who was denied credit for time served due to a record-keeping error, sued the state and a county under [section] 1983 and...

Laube v. Haley.(FEMALE PRISONERS)(Brief Article)
May 1, 2003... U.S. District Court CONDITIONS Laube v. Haley, 242 F.Supp.2d 1150 (M.D.Ala. 2003). Female prisoners brought an action against prison officials, challenging conditions of their confinement at certain state prisons. The district court...

Drake v. Velasco.(food handling petition)(Brief Article)
May 1, 2003... U.S. District Court SANITATION SERVING NUTRITION Drake v. Velasco, 207 F.Supp.2d 809 (N.D.Ill. 2002). An inmate sued county corrections officials and a food service company under [section] 1983, alleging failure to provide...

Madison v. Riter.(FOOD)(Brief Article)
May 1, 2003... U.S. District Court RELIGIOUS DIET Madison v. Riter, 240 F.Supp.2d 566 (W.D.Va. 2003). A state prisoner brought an action against prison officials under the First Amendment and the Religious Land Use and Institutionalized Persons Act...

Resnick v. Adams.(FOOD)(Brief Article)
May 1, 2003... U.S. Appeals Court RELIGIOUS DIET Resnick v. Adams, 317 F.3d 1056 (9th Cir. 2003). An Orthodox Jewish inmate brought an action under [section] 1983 and the Religious Freedom Restoration Act (RFRA) alleging violation of his right to...

California First Amendment Coalition v. Woodford.(violation of freedom of speech)(Brief Article)
May 1, 2003... U.S. Appeals Court MEDIA ACCESS EXECUTIONS California First Amendment Coalition v. Woodford, 299 F.3d 868 (9th Cir. 2002). Nonprofit organizations, whose members included journalists who attended and reported on state executions,...

Rodriguez v. Ames.(soliciting)(Brief Article)
May 1, 2003... U.S. District Court SOLICITING Rodriguez v. Ames, 224 F.Supp.2d 555 (W.D.N.Y. 2002). A pro se state prisoner brought a suit against state corrections officials and employees, alleging violations of [section] 1983. The district court...

Forchion v. Intensive Supervised Parole.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
May 1, 2003... U.S. District Court FREE SPEECH RETALIATION Forchion v. Intensive Supervised Parole, 240 F.Supp.2d 302 (D.N.J. 2003). A prisoner brought a civil rights action alleging that his removal from a state intensive supervision parole...

Kimberlin v. U.S. Dept. of Justice.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
May 1, 2003... U.S. Appeals Court MUSIC FREE SPEECH Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C.Cir. 2003). Prison inmates brought an action against the federal Bureau of Prisons (BOP) alleging that the BOP's ban on electric or...

Nusbaum v. Terrangi.(GOOD TIME)(Brief Article)
May 1, 2003... U.S. District Court EQUAL PROTECTION Nusbaum v. Terrangi, 210 F.Supp.2d 784 (E.D.Va. 2002). Inmates sued prison officials, claiming that conditioning good time credits on attending a "Therapeutic Community Program" that emphasized...

Hock v. Thipedeau.(GRIEVANCE PROCEDURES, PRISONER)(violation of United States Constitution. 8th Amendment)(Brief Article)
May 1, 2003... U.S. District Court EXHAUSTION PLRA -- Prison Litigation Reform Act Hock v. Thipedeau, 238 F.Supp.2d 446 (D.Conn. 2002). A state inmate filed a [section] 1983 action against a prison official alleging her Eighth Amendment rights...

Mitchell v. Horn.(GRIEVANCE PROCEDURES, PRISONER)(Brief Article)
May 1, 2003... U.S. Appeals Court EXHAUSTION PLRA -- Prison Litigation Reform Act Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials,...

Santos v. Hauck.(grievance procedures)(Brief Article)
May 1, 2003... U.S. District Court EXHAUSTION Santos v. Hauck, 242 F.Supp.2d 257 (W.D.N.Y. 2003). A state inmate brought a [section] 1983 action against correctional officers, alleging various violations of his constitutional rights. The district...

Pannell v. McBride.(habeas corpus claim)(Brief Article)
May 1, 2003... U.S. Appeals Court DISCIPLINE Pannell v. McBride, 306 F.3d 499 (7th Cir. 2002). A state inmate sought federal habeas corpus relief after a prison conduct adjustment board found him guilty of possessing a deadly weapon. The district...

Seehausen v. Van Buren.(habeas corpus claim )(Brief Article)
May 1, 2003... U.S. District Court DISCIPLINE Seehausen v. Van Buren, 243 F.Supp.2d 1165 (D.Or. 2002). A federal prisoner brought a habeas corpus claim challenging the imposition of discipline for phoning a former inmate who was on home confinement....

Bonsol v. Perryman.(HABEAS CORPUS)(Brief Article)
May 1, 2003... U.S. District Court ALIEN Bonsol v. Perryman, 240 F.Supp.2d 823 (N.D.Ill. 2003). A permanent resident alien who was being detained by the Immigration and Naturalization Service (INS) under a statute requiring detention of aliens who...

Singleton v. Norris.(habeas corpus petition)(Brief Article)
May 1, 2003... U.S. Appeals Court DEATH PENALTY Singleton v. Norris, 319 F.3d 1018 (8th Cir. 2003). A death row prisoner who was being forcibly administered psychotropic medication sought an order ordering a halt to the treatment. The state court...

Mitchell v. Newryder.(violation of civil rights)(Brief Article)
May 1, 2003... U.S. District Court TOILETS Mitchell v. Newryder, 245 F.Supp.2d 200 (D.Me. 2003). A detainee brought a [section] 1983 action against a county jail officer, alleging permanent traumatization as a result of being made to sit in his feces...

Kiman v. New Hampshire Dept. of Corrections.(IMMUNITY)(Brief Article)
May 1, 2003... U.S. Appeals Court ELEVENTH AMENDMENT Kiman v. New Hampshire Dept. of Corrections, 301 F.3d 13 (1st Cir. 2002). A former inmate suffering from amyotrophic lateral sclerosis (ALS) brought a [section] 1983 action against corrections...

Estate of Hampton v. Androscoggin County.(INTAKE AND ADMISSIONS)(negligence)(Brief Article)
May 1, 2003... U.S. District Court MEDICAL SCREENING Estate of Hampton v. Androscoggin County, 245 F.Supp.2d 150 (D.Me. 2002). The estate of a county jail inmate filed a state court action against a county and county officials. The case was removed...

Cavalieri v. Shepard.(attempted suicide suit)(Brief Article)
May 1, 2003... U.S. Appeals Court SUICIDE Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003). The mother of a pretrial detainee who attempted suicide brought a [section] 1983 action against a police officer, alleging deliberate indifference to the...

Johnson v. State of California.(cases of racism )(Brief Article)
May 1, 2003... U.S. Appeals Court CLASSIFICATION Johnson v. State of California, 321 F.3d 791 (9th Cir. 2003). An African-American state prison inmate brought an action against prison administrators, alleging that a prison policy of using race as a...

Christina A. Ex Rel. Jennifer A. v. Bloomberg.(JUVENILES)(Brief Article)
May 1, 2003... U.S. Appeals Court PLRA -- Prison Litigation Reform Act Christina A. Ex Rel. Jennifer A. v. Bloomberg, 315 F.3d 990 (8th Cir. 2003). A class of juvenile inmates sued the secretary of a state corrections department and the...

Hock v. Thipedeau.(LIABILITY)(Brief Article)
May 1, 2003... U.S. District Court NOMINAL DAMAGES PUNITIVE DAMAGES Hock v. Thipedeau, 238 F.Supp.2d 446 (D.Conn. 2002). A state inmate filed a [section] 1983 action against a prison official alleging her Eighth Amendment rights had been...

Livingston v. Goord.(compensatory damages)(Brief Article)
May 1, 2003... U.S. District Court COMPENSATORY DAMAGES STATE LIABILITY Livingston v. Goord, 225 F.Supp.2d 321 (W.D.N.Y. 2002). A pro se state prisoner brought a [section] 1983 action against corrections officials and employees. The prisoner had...

Merriweather v. Sherwood.(violation of religious freedom)(Brief Article)
May 1, 2003... U.S. District Court CONSENT DECREE-TERMINATION PLRA -- Prison Litigation Reform Act Merriweather v. Sherwood, 235 F.Supp.2d 339 (S.D.N.Y. 2002). Prison officials moved, under the Prison Litigation Reform Act (PLRA), to dissolve a...

Milledge v. McCall.(violation of United States Constitution. 4th Amendment)(Brief Article)
May 1, 2003... U.S. Appeals Court PRIVATE PROVIDER PLRA -- Prison Litigation Reform Act Milledge v. McCall, 43 Fed.Appx. 196 (10th Cir. 2002) [unpublished]. A male state prisoner brought a [section] 1983 action alleging Fourth Amendment...

Sheppard v. Phoenix.(LIABILITY)(Brief Article)
May 1, 2003... U.S. District Court CONSENT DECREE-TERMINATION Sheppard v. Phoenix, 210 F.Supp.2d 450 (S.D.N.Y. 2002). Current and former inmates filed a class action alleging that city corrections officials engaged in a pattern of brutality and used...

Gaines v. Choctaw County Com'n.(violation of United States Constitution. 14th Amendment)(Brief Article)
May 1, 2003... U.S. District Court INDIVIDUAL CAPACITY Gaines v. Choctaw County Com'n., 242 F.Supp.2d 1153 (S.D.Ala. 2003). Administrators of a deceased inmate's estate asserted state and federal law claims against a sheriff and county, alleging that...

Jackson v. Austin.(prisoner abuse)(Brief Article)
May 1, 2003... U.S. District Court COMPENSATORY DAMAGES PUNITIVE DAMAGES Jackson v. Austin, 241 F.Supp.2d 1313 (D.Kan. 2003). A state prisoner brought a [section] 1983 action against state corrections officers, alleging they subjected him to...

Laube v. Haley.(LIABILITY)(Brief Article)
May 1, 2003... U.S. District Court PLRA -- Prison Litigation Reform Act Laube v. Haley, 242 F.Supp.2d 1150 (M.D.Ala. 2003). Female prisoners brought an action against prison officials, challenging conditions of their confinement at certain state...

28. Mail.
May 1, 2003... No Cases.

Davis v. New York.(MEDICAL CARE)(Brief Article)
May 1, 2003... U.S. Appeals Court SMOKE Davis v. New York, 316 F.3d 93 (2nd Cir. 2002). A pro se state prisoner brought a [section] 1983 action alleging he was exposed to unreasonably high levels of second-hand smoke, in violation of the Eighth...

Dellairo v. Garland.(deliberate indifference to medical needs)(Brief Article)
May 1, 2003... U.S. District Court FAILURE TO PROVIDE CARE DELIBERATE INDIFFERENCE Dellairo v. Garland, 222 F.Supp.2d 86 (D.Me. 2002). An inmate who was serving a nine month jail sentence filed a pro se and in forma pauperis [section] 1983 suit...