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Lawsuit Alleging Denial of Warmth and Sufficient Sleep States Eighth Amendment Claim
by David M. Reutter
On August 14, 2019, the Third Circuit Court of Appeals reversed the dismissal of a federal prisoner’s civil rights complaint that alleged he was confined in a cold cell with constant lighting, no bedding and only paper-like clothing.
FCI Allenwood Low prisoner Anthony Mammana appealed after ...
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More from this issue:
- News in Brief
- Ohio Supreme Court Orders Prison Official to Produce Public Records, by Matthew Clarke
- Preliminary Injunction Sought Over Contaminated Drinking Water at Connecticut Prison, by Edward Lyon
- Former Seventh Circuit Judge Posner Founds Short-Lived Project to Help Pro Se Litigants, by Kevin Bliss
- Undiagnosed MRSA Forced Arizona Prisoner to Have Heart Surgery, by Chad Marks
- California Family Mourns Son Who Committed Suicide in Jail, Receives $1.65 Million Settlement, by Edward Lyon
- Wisconsin Pays Another $5 Million for Abuse at Controversial Juvenile Facility, by Kevin Bliss
- Oklahoma Breaks Pattern of Protracted, Expensive Prison Conditions Litigation, by Edward Lyon
- Jury Awards Oregon Prisoner $350,000 After Guard Announces He Was a “PC” Case, by Dale Chappell
- Deaf Oregon Prisoner Awarded $125,000 for Jail’s Failure to Accommodate Disability, by Mark Wilson
- Denver Settles Female Deputies’ Sexual Harassment Lawsuit for $1.55 Million, by Matthew Clarke
- First-Class Mail Insufficient for Mailing Date to be Filing Date in Oregon, by Mark Wilson
- New Georgia Law Provides Protections for Pregnant Prisoners, by David M. Reutter
- Prisoner Co-payments for Health Care Services Eliminated in California, by Chad Marks
- Deaths at Georgia Jail Spur Investigations, Lawsuit, by Edward Lyon
- Oklahomans Pay for Release of Woman Whose Case Helped Start Marijuana Reform Movement, by Matthew Clarke
- Criminal Justice Reformers Apologize for Not Vetting Conference Speaker, by David M. Reutter
- Missouri County Votes to Eliminate Jail Fees, Wiping Out $3.4 Million in Debt for Former Prisoners, by Douglas Ankney
- California Jail Prisoner’s Broken Leg Nets $550,000 Settlement, by Matthew Clarke
- First Major Loss in Recent Challenges to Hep C Treatment for Prisoners, by David M. Reutter
- Securus Technologies Rebrands as Aventiv, by Kevin Bliss
- Rikers Prisoner Smuggles DNA Evidence of Rape Out of Jail; $500,000 Settlement, by Dale Chappell
- New York Court of Claims Orders DOCCS to Turn Over OSI Report, Guards’ Personnel Files, by Dale Chappell
- Rhode Island’s Civil Death Law Bars Prisoners from Filing Lawsuits in State Court, by Dale Chappell
- New York Closes Two More Prisons, Scaring Corrections Workers, by Kevin Bliss
- Government Wants Federal Prisoner’s $250,000 Settlement to Pay Restitution, by Dale Chappell
- Billionaire and Co-Defendant Agree to Donate $1 Million to Stay Out of Jail, by Kevin Bliss
- Missing Property and Overtime Abuse in Illinois Prisons Cost Taxpayers Millions, by Dale Chappell
- Oregon Prisoner’s Preventable Death Reveals Culture of Systemic Indifference, by Mark Wilson
- Lawsuit Filed by Prisoner with Food Allergy is Dismissed, by David M. Reutter
- San Diego County Jails Still No. 1 in Prisoner Deaths, by Douglas Ankney
- Felony Murder Charges Should Not be Used on Juveniles, by Kevin Bliss
- Genesco CEO Denied Term on CoreCivic’s Board of Directors, but Board Refuses His Resignation, by Scott Grammer
- Prisoners, Guards, Students Protest Aramark, by Douglas Ankney
- Pennsylvania Prisoner Given Belt, Then Punished for Having It, by David M. Reutter
- Fifth Circuit Reverses Denial of Qualified Immunity to Prison Officials, by Edward Lyon
- New Mexico: Third-Party Settlement Agreements Resulting from Medical Care Provided by Corizon are Public Documents Subject to Disclosure, by Douglas Ankney
- California AB Prison Gang Members, Others Indicted by Feds
- HRDC Obtains Settlement, $16,000 in Fees and Costs, Against BOP in FOIA Case, by Scott Grammer
- How a 13th Amendment Loophole Created America’s Carceral State, by Flores A. Forbes
- Texas Convict-Leasing Burial Ground Uncovered, by Matthew Clarke
- Tennessee Prisoner Captured After Killing Prison Employee, Escaping, by David M. Reutter
- Florida Women’s Prison Under Scrutiny After Rape by Guard, by David M. Reutter
- California’s Firefighting Prisoners in Short Supply, by Matthew Clarke
- Arizona Court Equates Prison Gang Dropouts with Confidential Informants to Require Redaction of STG Files, by Dale Chappell
- Oregon Passes Historic Juvenile Justice Reform Bill but Refuses to Apply it Retroactively, by Mark Wilson
- South Carolina Prison Industries Employee Fired for Writing Tell-All Book, by Scott Grammer
- Are Re-Enfranchised Florida Felons More Likely to Vote Republican?, by David M. Reutter
- Virginia Circuit Court Awards $197.55 to Prisoner in Property Tort Claim, by Douglas Ankney
- Lawsuit Alleging Denial of Warmth and Sufficient Sleep States Eighth Amendment Claim, by David M. Reutter
- New York District Court Erred in Applying “Three Strike” Rule to Dismissals, by Kevin Bliss
- PLN Prevails in Censorship Suit Against Virginia Jail, by David M. Reutter
- Death Penalty Prosecution in Colorado Costs State Over $1.6 Million, Ends in Life Sentence, by Matthew Clarke
- Private Prison in Pennsylvania Takes Heat; Prison Board Replaced, Superintendent Retires, by David M. Reutter
- In Oklahoma, Lawsuit Options Limited When Prisoners Claim Constitutional Rights Violations, by Quinton Chandler
- From the Editor, by Paul Wright
- $525,000 Settlement in Minnesota Jail Excessive Force Incident, by Jayson Hawkins
- California Prison Rehabilitation Programs Costly and Ineffective, by Kevin Bliss
- The Other Family Separation: Prisoners Fight to Keep Their Children, by Victoria Law
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
More from these topics:
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025. Eighth Amendment, Felon Disenfranchisement Statute.
- “We Killed Him”: Alabama Jailers Cut Plea Deals After Detainee Freezes to Death, Sept. 15, 2024. Exposure to Cold, Guard Brutality/Beatings, Medical Neglect/Malpractice.
- $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days, May 1, 2024. Retaliation for Filing Grievances, Exposure to Cold, Toilets, Water, Sanitation, Strip Cells, Hygiene Supplies, Restraints.
- Sixth Circuit Refuses Michigan Prisoner’s Excessive Force Claim Despite Guard’s Conviction for Battery, April 1, 2024. Jail Misconduct, Eighth Amendment, Guard Brutality/Beatings, State Law Claims, Immunity - Absolute and Qualified.
- Nearly $11 Million Settlement Reached in Suit by BOP Prisoners Held Without Heat, Electricity During New York Winter Storm, March 1, 2024. Exposure to Cold, Bureau of Prisons (BOP), Class Actions.
- “Fuck Him, He Can Freeze”: Pennsylvania Detainee’s Death Detailed in Suit Against PrimeCare, Dec. 1, 2023. Exposure to Cold, Strip Cells, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Despite Prior Settlement Agreement, Sick Michigan Prisoners Still Forced to Wait for Medication in Cold and Rain, Oct. 15, 2023. Medication, Exposure to Cold, Settlements.
- “Frozen in Solitude’’: Heat-Sensitive Texas Prisoners Get More Than Air Conditioning Locked Inside Former Segregation Cells, Sept. 15, 2023. Exposure to Cold, Exposure to Heat, Control Units/SHU/Solitary Confinement.
- Hypothermia Kills Prisoner in Cold Pennsylvania Jail Cell, One of 17 Deaths Since 2019, March 1, 2023. Exposure to Cold, Wrongful Death.
- Fulton County Jail Detainees Ended 2022 Freezing and Defecating in Trash Bags, Jan. 9, 2023. Exposure to Cold, Plumbing, Sewage, Sanitation.