Inmate Lawsuits
High Court Tosses Appeal Court’s Try to Save Inmate Tort Claim
By Christopher Zoukis Two Maryland state corrections officers were escorting Shaidon Blake as he was being transferred to a new cell in the west Baltimore prison where he is serving time for murder. Known as “Papa Don,” Blake was an enforcer for the California Bloods who had been sent to Baltimore to impose discipline on…
Read MoreSeventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment
By Mark Wilson The Seventh Circuit Court of Appeals held in March 2014 that a district court had abused its discretion when it dismissed a prisoner’s suit for failure to pay a filing fee without determining his ability to pay. Indiana prisoner Leonard Thomas filed suit in 2012, alleging inadequate medical care for his epilepsy.…
Read MoreNorth Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated
Following a 2011 federal appellate court ruling, the U.S. Department of Justice (DOJ) initially tried to delay the release of federal prisoners who were wrongly convicted in North Carolina. The government later announced that it would halt such tactics, but has continued to oppose challenges filed by some offenders who are legally innocent. The DOJ’s…
Read MoreSecond Circuit: RLUIPA Disallows Individual Capacity Suits
By David M. Reutter The Second Circuit Court of Appeals held in September 2013 that the Religious Land Use and Institutionalized Persons Act (RLUIPA) does not create a private right of action against state officials in their individual capacities. Anthony Washington, incarcerated at New York’s Woodbourne Correctional Facility, filed suit under 42 U.S.C. § 1983…
Read MoreOregon Garnishment Exemption Protects Funds in Prisoners’ Accounts
Norman Schlunt / Image courtesy Stephanie Yao and theoregonian.com By Mark Wilson An Oregon judge has held that a prosecutor improperly seized money from a prisoner’s trust account to pay a court-ordered “compensatory fine.” In 2006, Norman Earl Schlunt was convicted of poisoning and suffocating his business partner and sentenced to life in prison. He…
Read MoreOklahoma Jailers Not Immune from Excessive Force Claims
By Prison Legal News The Oklahoma Supreme Court has held that jail officials are not immune from liability for excessive force claims under the Oklahoma Governmental Tort Claims Act (OGTCA). On May 17, 2011, Daniel Bosh was detained at the Cherokee County Detention Center for failure to pay a traffic ticket. Video surveillance showed him…
Read MorePrison Law Blog Founder Under Fire: FCI Petersburg Strikes Out Against Christopher Zoukis
Sangye Rinchen and Christopher Zoukis By Randy Radic We at the Prison Law Blog are on high alert following a series of retaliatory incident reports against Christopher Zoukis, PLB founder, by FCI Petersburg staff. Due to the significant amount of inquiries received, we’ve decided to present the facts of the evolving situation. First Incident Report…
Read MoreLawsuits Challenge Conditions at Tennessee Jail; Five Charged in Bribery and Smuggling Scheme
By Prison Legal News
In the wake of a Tennessee federal district court hearing in a lawsuit challenging conditions at the Maury County Jail (MCJ), the number of suits filed by prisoners against the jail has nearly doubled.
At a September 2012 hearing, prisoners held at the MCJ testified they were losing weight and that the facility was overcrowded and infested with brown recluse spiders. They also claimed their requests for medical attention were often ignored.
At least 23 lawsuits concerning conditions at the MCJ have been filed. County Attorney Daniel Murphy, however, told the federal court at an October 29, 2012 hearing that the jail had made changes in response to prisoners’ complaints; for example, meals were increased from 2,700 calories daily to 2,900. He also said new meal trays were provided, hygiene supplies such as toothpaste and shampoo have been increased, and old mattresses, which were worn and moldy, are being replaced.
Murphy further noted that the MCJ had formalized its grievance and medical request procedures and that 25 state prisoners had been transferred out of the facility to state prisons, to address overcrowding.
U.S. District Court Judge William Haynes commended the MCJ on taking action, but still was concerned about “the things that you can plainly see.”
“[T]he bottom line here is that protecting the health of the inmates is the most important thing,” he said. “You still have the steel doors on the showers that are rusted, and the vents in the showers are heavily rusted.”
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