13. Ex-offenders.

U.S. District Court CLAIMS

Alexander v. Gilmore, 202 F.Supp.2d 478 (E.D.Va. 2002). Two prisoners, one a current prisoner and one a former prisoner, sued a prison and officials. The district court found that a prisoner's placement in segregated housing following an institutional conviction for being under the influence of drugs, even though a confirmatory urine test was not conducted, was not sufficiently severe to support an Eighth Amendment claim. The court also held that the prisoners did not state a claim under the False Claims Act (FCA) by alleging that the prison had obtained federal funding for drug testing by falsely certifying that the requirements for testing and disposal of samples were being followed. According to the court, the prison, and employees who were acting in their official capacities, were exempt from the FCA and there was no showing that the employees were acting in their individual capacities. (Virginia Department of Corrections)

U.S. Appeals Court PLRA-Prison Litigation Reform Act

Dixon v. Page, 291 F.3d 485 (7th Cir. 2002). A former state inmate brought a [section] 1983 action against prison officials, alleging that they failed to protect him from beatings and harassment from other inmates, and that he was beaten by prison officials in retaliation for filing an administrative complaint. The district court dismissed some of the claims and granted judgment to the defendants as a matter of law on the remaining claims. The appeals court affirmed, finding that the former inmate was not excused from the Prison Litigation Reform Act (PLRA) exhaustion requirement inasmuch as exhaustion was a precondition to filing a complaint in federal court, and the former inmate was still a prisoner when he brought the action. (Menard Correctional Facility, Illinois)

U.S. Appeals Court CLAIMS

Ford v. County of Oakland, 35 Fed.Appx. 393 (6th Cir. 2002). A female county jail inmate brought a [section] 1983 action against a county for allegedly maintaining a custom or policy of ignoring sexual harassment and assault claims, and creating an atmosphere that facilitated her rape by a police deputy who was supervising her. The district court granted summary judgment as to the [section] 1983 municipal liability claim, and the appeals court affirmed. Although the deputy was not suspended from duty until after the sheriffs office had completed its investigation, the court noted that the county had a policy against sexual harassment, disciplined the deputy after the results of a state police report became available, and proffered evidence of three other cases in which officers were disciplined for sexual harassment and assault at the county jail. (Oakland County Jail, Michigan)

U.S. Appeals Court CLAIMS

Torres v. Fauver, 292 F.3d 141 (3rd Cir. 2002). A former state prisoner brought a [section] 1983 action against prison officials, alleging that his due process rights were violated when he was sanctioned for violating prison rules. The district court granted summary judgment for the officials and the appeals court affirmed. The prisoner had been transferred to "less amenable and more restrictive quarters" and placed in disciplinary detention for 15 days and administrative segregation for 120 days, after he was found to have attempted to plan an escape. (Bayside State prison, New Jersey)

U.S. District Court CLAIMS

Warren v. Shelby County, Tenn., 191 F.Supp.2d 980 (W.D.Tenn. 2001). A former detainee filed a [section] 1983 action against a county, sheriff, and county jail physician, alleging deliberate indifference to his serious medical needs. The district court dismissed the case, finding that the sheriff was not liable under [section] 1988 and the county was not subject to municipal liability under [section] 1983. The court noted that the "mere fact" that the county had a rather elastic and later-criticized policy regarding the scheduling of sick call at the county jail during the detainee's confinement was not, alone, sufficient to establish liability. The detainee alleged that jail officials ignored his repeated requests for medical attention and pain medication. (Shelby County Jail, Tennessee)