U.S. Appeals Court SUICIDE INTAKE SCREENING
Boncher ex rel ex rel. conj. abbreviation for Latin ex relatione, meaning "upon being related" or "upon information," used in the title of a legal proceeding filed by a state attorney general (or the federal Department of Justice) on behalf of the government, on the instigation of . Boncher v. Brown County, 272 F.3d 484 (7th Cir. 2001). The estate of a prisoner who had committed suicide brought a ss 1983 action against jail officials alleging deliberate indifference to the risk of the prisoner's suicide. The district court granted summary judgment for the jail officials and the appeals court affirmed. The appeals court held that evidence was insufficient that jail officials were deliberately indifferent, even though intake officers had little training and relied on a checklist that was deficient in several areas. The court noted that the officers were making a judgment that was not likely to be assisted by special training and that the jail was in compliance with the state's minimum standards for suicide prevention Suicide prevention is an umbrella term for the collective efforts of mental health practitioners and related professionals to reduce the incidence of suicide through proactive preventive measures. . The prisoner had been arrested after a domestic altercation, and had a long history of alcoholism and had attempted suicide at least three times, but this history was not known to the arresting officers or the personnel of the jail. The prisoner was joking wit h officers during his admission to the jail and the officers thought him to be a "happy drunk" He was placed in a regular cell instead of the jail's suicide-watch cell, and he died within 45 minutes by hanging himself with a bedsheet. The appeals court also held that the evidence offered by an expert witness was "useless" and should have been excluded. The criminologist had testified that the rate of suicide in the jail (five suicides in the preceding five years) was unusually high. (Brown County Jail, Wisconsin)
U.S. District Court
Chilcote v. Mitchell 166 F.Supp.2d 1313 (D.Or. 2001). A former prisoner and detainees at a federal detention center A detention center or a detention centre is any location used for detention. Specifically, it can mean:
Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens violations from the size of the cell. The court noted that all three occupants of the cell could not be off of their bunks at the same time because the cell was so small, and the occupants were confined in the cell for 20 to 21 hours daily. The court found that the crowding was necessitated by the volume of incoming detainees and the lockdown Lockdown
A specified period when an employee of a public company is barred from selling - and occasionally buying - their company's stock.
These types of equity transaction restrictions can be imposed by securities regulators or underwriting firms if a company has was needed because of the danger posed by detainees had not yet been evaluated. The cells had been designed to house two inmates and ranged in size from 80.7 to 96 square feet. In a triple-bunk cell, 40 to 45 square feet of floor space is covered by the bunks, sink and toilet. The remaining floor space, 35 to 40 square feet "effectively does not permit all three occupants to be off their bunks at the same time." There are no lockers, chairs or tables in the cells. (Federal Detention Center, Sheridan, Oregon Sheridan is a city in Yamhill County, Oregon, United States. The population was 3,570 at the 2000 census. The 2006 estimate is 5,785 residents. It was named in honor of the Civil War general Philip Henry Sheridan. )
U.S. Appeals Court
HANDICAP ADA- Americans with Disabilities Act Americans with Disabilities Act, U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps.
Chisolm v. McManimon, 275 F.3d 315 (3rd Cir. 2001). A hearing-impaired detainee de·tain·ee
A person held in custody or confinement: a political detainee.
Noun 1. detainee - some held in custody
political detainee brought; a suit against the warden of a pretrial pre·tri·al
A proceeding held before an official trial, especially to clarify points of law and facts.
1. Of or relating to a pretrial.
2. detainment facility and county court system, alleging violations of the Americans with Disabilities Act (ADA Ada, city, United States
Ada (ā`ə), city (1990 pop. 15,820), seat of Pontotoc co., S central Okla.; inc. 1904. It is a large cattle market and the center of a rich oil and ranch area. ), Rehabilitation Act, ss 1983 and a state discrimination law, for failing to provide an interpreter and other services. The district court granted summary judgment for the defendants and the detainee appealed. The appeals court reversed and remanded, finding that the county court system was not entitled to Eleventh Amendment The Eleventh Amendment to the U.S. Constitution reads:
immunity during an ongoing merger with the state court system. The appeals court held that summary judgment was precluded by genuine issues of material fact as to: (1) the effectiveness of alternate aids or services provided to the detainee when the jail failed to provide a sign language interpreter during the intake process, activate closed captioning capabilities on a prison television, (2) provide a text device for transcribing telephone calls; and whe ther pencil and paper pencil and paper - An archaic information storage and transmission device that works by depositing smears of graphite on bleached wood pulp. More recent developments in paper-based technology include improved "write-once" update devices which use tiny rolling heads similar to mouse were effective auxiliary aids in place of a sign language interpreter; and (3) whether exceptions to institutional rules on telephone calls were an effective alternative to providing special telephones. The court held that extradition was a "program" within the meaning of ADA and the Rehabilitation Act such that the court was required to ensure the ability of the detainee to participate in the hearing. When the detainee arrived at the detention facility on a Saturday, he was locked down in his cell to keep him apart from the general population until Monday when facility classification staff arrived. This practice was applied to all detainees admitted when classification staff members were not working at the facility. Such unclassified un·clas·si·fied
1. Not placed or included in a class or category: unclassified mail.
2. detainees consumed meals in their cells and did not have television or telephone privileges. When the detainee was not provided with an interpreter at intake he became upset and was eventually interviewed by a nurse, who concluded that he was a suicide risk . He was kept in solitary lockup See hang and abend. from Saturday until Tuesday. On Monday he was taken to meet with a classification staff member, where he was interviewed and was given a medium security classification. But the staff member had described the detainee as a "vagrant VAGRANT. Generally by the word vagrant is understood a person who lives idly without any settled home; but this definition is much enlarged by some statutes, and it includes those who refuse to work, or go about begging. See 1 Wils. R. 331; 5 East, R. 339: 8 T. R. 26. " in spite of the fact that he had worked for the U. S. Postal Service postal service, arrangements made by a government for the transmission of letters, packages, and periodicals, and for related services. Early courier systems for government use were organized in the Persian Empire under Cyrus, in the Roman Empire, and in medieval for 13 years and had lived at the same address for three years. This error added two points to his classification score, moving him from "minimum" security to "medium." (Mercer County Mercer County is the name of several counties in the United States:
U.S. District Court
USE OF FORCE
see crop (2). v. Gray 159 F.Supp.2d 679 (N.D.Ohio 2001). An arrestee ARRESTEE, law of Scotland. He in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he shall make payment of the sum, or deliver the goods arrested to the common debtor, he is not only liable criminally for sued law enforcement officers under (sections) 1983 asserting claims for use of excessive force. The district court granted partial summary judgment in favor of the officers, finding that the allegations did not support a claim for inadequate training of an officer and that past "use of force" incident reports did not support the claim for inadequate supervision of the officer. According to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. the court, the assertion that a particular officer may be unsatisfactorily trained does not alone "suffice to fasten ?? 1983 liability" on a municipality for failure to train. The court noted that none of the reports showed that the deputy acted improperly. The officer had brought the arrestee to a county jail and during the booking process an altercation between the arrestee and the officer resulted in a right hip fracture hip fracture Orthopedic surgery A femoral fracture which affects 1/6 white ♀–US during life Epidemiology 250,000/yr–US Specifics Proximal femur; 90+% femoral neck, intertrochanteric; 5-10% are subtrochanteric Risk factors Tall, thin ♀, and dislocation for the arrestee. (Mercer County Jail, Ohio)
U.S. District Court
Curry v. Kerik 163 F.Supp.2d 232 (S.D.N.Y. 2001). A pretrial detainee brought a (sections) 1983 action against corrections officials alleging violation of the due process clause arising out of dangerous conditions. The court held that the detainee stated a due process violation by alleging that he was exposed to an unsanitary un·san·i·tar·y
Not sanitary. and hazardous showering area for over nine months. The court found that the detainee's allegation that officials negligently appointed, trained and supervised employees and failed to enforce rules requiring facility inspections and addressing repair complaints were sufficient to show the personal involvement of the officials. The detainee alleged that he had alerted the officials to dangerous conditions on several occasions, and the conditions led to his injury when he fell in a shower, which stated a claim of deliberate indifference according to the court. The inmate alleged that the shower facility in his unit leaked, tiles were falling off the wall, and there were no shower curtains or floor mats. (North Infirmary Command, Correctional Facility, New York City New York City: see New York, city.
New York City
City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. Department of Correctional Services)
U.S. District Court
USE OF FORCE
Davis v. Hill, 173 F.Supp.2d 1136 (D.Kan. 2001). An arrestee brought a (sections) 1983 action against a county, sheriff, and employees alleging that he was the victim of excessive force while detained. The defendants moved for summary judgment and the district court granted the motion in part, and denied it in part. The court held that fact issues as to whether sheriff's deputies beat the arrestee senseless in his cell precluded summary judgment on the detainee's Fourth Amendment excessive force claim. The court also found that the arrestee could maintain a suit against deputies who were near the cell at the time, despite his inability to identify the two who allegedly administered the beating. The arrestee was allegedly handcuffed in his cell during a staff shift change. The arrestee was yelling and kicking his cell door and alleged that an officer entered the cell and hit him behind his ear, knocking him into the steel bed and against a steel wall, and then ground his thumb behind the arrestee's ear. Accor ding to the arrestee, another officer entered and the two "proceeded attacking and torturing me on every joint in my body..." (Sedgwick County Sedgwick County is the name of several counties in the United States:
U.S. District Court
Doan v. Watson 168 F.Supp.2d 932 (S.D.Ind. 2001). Former inmates filed a ss 1983 suit against a former and current sheriff, individually and in their official capacities, alleging unconstitutional strip search policies. The district court granted summary judgment in favor of the former inmates, finding that the jail policy of stripping inmates and requiring them to undergo a delousing procedure was an unreasonable search. According to the court, the policy authorized a blanket strip search without justification. The court noted that the Prison Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
When a person begins a civil lawsuit, the person enters into a process called litigation. Reform Act (PLRA PLRA Partido Liberal Radical Autentico (Paraguay)
PLRA Prison Litigation Reform Act of 1995 ) did not require the former inmates to produce evidence of physical injury to pursue their claims. The inmates had been arrested for misdemeanor offenses and were subjected to intake searches before entering the general jail population. (Floyd County Floyd County is the name of six counties in the United States:
U.S. District Court
Ellis ex rel. Lanthorn lant·horn
n. Chiefly British
[Alteration (influenced by horn, of which the sides were once made) of lantern.] v. Jamerson, 174 F.Supp.2d 747 (E.D.Tenn. 2001). The mother and the minor child of a pretrial detainee who committed suicide in jail brought a ss 1983 action against county jail officials. The district court dismissed the case, finding that the county jailor who was on duty at the time of the detainee's suicide was entitled to qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. . The plaintiffs attempted to introduce evidence that the jailor was watching video surveillance monitors and saw the detainee fashion a noose and place it around his neck but did not summon help immediately. The court refused to allow a statement made by the county sheriff to the media to be used as evidence, even though it might support the assertion that jail staff did not act expediently to prevent the detainee's death. (Washington County Washington County is the name of 30 counties and one parish in the United States of America, all named for George Washington. It is the most common county name in the United States. Jail, Tennessee)
U.S. District Court
FAILURE TO PROVIDE CARE SUICIDE
Holland v. City of Atmore 168 F.Supp.2d 1303 (S.D.Ala. 2001). Survivors of an inmate who committed suicide during his period of pretrial confinement filed a ss 1983 action. The district court granted summary judgment in favor of the defendants. The court held that jail staff did not have a duty to take any precautions to prevent his suicide, where the inmate had not shown a strong likelihood of taking his life. The inmate had been admitted to the city jail after being arrested for driving under the influence and other offenses. He was booked into the facility and locked down. Within thirty minutes he was found dead or dying in his cell, having used his shoelaces to hang himself. The plaintiffs had argued that the inmate had previously attempted to take his own life and that city police knew about these attempts. (Atmore City Jail, Alabama)
U.S. District Court
Lee v. Perez, 175 F.Supp.2d 673 (S.D.N.Y. 2001). An arrestee brought an action against a correctional officer, alleging he had been unconstitutionally strip searched. The district court entered a jury verdict in favor of the officer and the arrestee moved for reconsideration. The district court granted the motion, finding that there was insufficient evidence insufficient evidence n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence. to support the jury's conclusion that the officer relied on permissible factors in making his decision to perform a body cavity search A body cavity search is either a visual search or a manual internal inspection of body cavities for prohibited material (contraband), such as illegal drugs, money, or weapons. on the arrestee. According to the court, the officer testified that he had not considered the nature of the two misdemeanors with which the arrestee had been charged and could not identify any characteristic of the arrestee that led to his conclusion that the arrestee might have been carrying contraband. The arrestee had spent the night in a police holding cell and was arraigned in court the next morning. Bail was set at $250 but the arrestee was not allowed to post bail at the police station using money that had been in h is possession at the time of his arrest. He was transported to the local jail where he was processed in. The intake process included a "personal hygiene personal hygiene person n → Körperhygiene f check/visual body search" which consisted of having the arrestee remove his clothes, followed by a visual inspection of his body. The officer contended that this hygiene check was not the same as a strip search because it did not require the inmate to open his mouth or bend over Bend over may refer to the action of bending one's body over, as in to pick up something, or, for example, as the hydra does in order to move when hunting, in dancing (like in the various breakdance moves), gymnastics, and sports (like snap football). and spread his buttocks buttocks /but·tocks/ (but´oks) the two fleshy prominences formed by the gluteal muscles on the lower part of the back. . (Orange County Correctional Facility, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of )
U.S. Appeals Court
CONDITIONS PROTECTION CROWDING SAFETY
Marsh v. Butler County Butler County is the name of eight counties in the United States:
v. pre·ex·ist·ed, pre·ex·ist·ing, pre·ex·ists
To exist before (something); precede: Dinosaurs preexisted humans.
v.intr. case law established at the time that the conditions of confinement alleged by the plaintiffs did pose a risk of harm to the inmates. The court held that allegations that the county received many reports of the jail's deteriorated conditions but took no remedial measures were sufficient to allege deliberate indif ference to the substantial risk of serious harm faced by inmates in the jail. According to the court, allegations that jail conditions such as a lack of locks on cell doors resulted in the plaintiffs being assaulted by their fellow prisoners, stated a claim for an Eighth Amendment violation. The court found that the inmates also stated Eighth Amendment violations by alleging that there was no segregation of nonviolent inmates from violent inmates, pretrial detainees from convicted criminals, juveniles from adults, and inmates with mental disorders mental disorders: see bipolar disorder; paranoia; psychiatry; psychosis; schizophrenia. from those without. Claims were also stated by allegations that the jail was sometimes overcrowded o·ver·crowd
v. o·ver·crowd·ed, o·ver·crowd·ing, o·ver·crowds
To cause to be excessively crowded: a system of consolidation that only overcrowded the classrooms. and understaffed, that inmates could make weapons from materials torn from the jail's dilapidated structure, that cells were not visually inspected, that no lock down of prisoners in their cells occurred, and that inmates were not disciplined when they attempted to escape, threatened jailers, destroyed property, or assaulted other inmates. (Butler County Jail, Alabama)
U.S. District Court SEARCHES
McGregor v. City of Olathe, KS, 158 F.Supp.2d 1225 (D.Kan. 2001). An arrestee brought a pro so action against a city and city police officers challenging the removal of her keys from her pantyhose as an illegal search. The arrestee was arrested and transported to a police station where she was taken into a room to be searched. A female officer told the arrestee that they were looking for Looking for
In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with. some keys and the arrestee responded that the keys were in her pantyhose because she did not want to be searched. The officer removed the keys from the arrestee's pantyhose. The district court held that the search was not illegal. (Olathe Police Department, Kansas)
U.S. District Court USE OF FORCE
Morris v. Crawford County, Ark., 173 F.Supp.2d 870 (W.D.Ark. 2001). A detainee in a county jail brought a [section] 1983 action and state law battery claims against the county, sheriff and deputies. The defendants moved for summary judgment and the district court granted the motion in part and denied it in part. The court held that genuine issues of material fact existed as to the type of force used by a deputy against the detainee, and whether the detainee sustained injuries, precluding summary judgment. The court also found that the deputy was not entitled to qualified immunity for his alleged use of force on the detainee, who was allegedly not resisting. There was evidence that the deputy used a "knee drop" on the detainee, thereby severing his intestine. (Crawford County Detention Center, Arkansas)
U.S. District Court SUICIDE
Naumoff v. Old. 167 F.Supp.2d 1250 (D.Kan. 2001). A mother whose son had committed suicide while confined in a jail brought a [section] 1983 action against a county sheriff. The sheriff' moved for summary judgment and the court granted the motion, finding that the mother failed to allege an injury to her own constitutional rights. The court held that the mother lacked standing to bring the [section] 1983 action because she brought the action in her individual capacity rather than as representative of her son's estate. The mother did not make a claim for deprivation of familial association or otherwise allege injury to her own constitutional rights. (Wabaunsee County Jail, Kansas)
U.S. District Court USE OF FORCE
Pittman v. Kurtz, 165 F.Supp.2d 1243 (D.Kan. 2001). An inmate brought an action against jail officials and a county jail alleging that he was physically assaulted by staff while he was incarcerated incarcerated /in·car·cer·at·ed/ (in-kahr´ser-at?ed) imprisoned; constricted; subjected to incarceration.
Confined or trapped, as a hernia. at the jail, in violation of his Eighth Amendment rights to be free from cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. . The district court granted summary judgment in favor of the defendants, finding that the force applied by jail officials to restrain the inmate did not violate his rights. The inmate had refused to go to his cell after multiple orders to do so, and struck at one official with a pencil, hitting him in the neck and shoulder area between six and ten times. The altercation lasted only a few seconds and the inmate's injuries were minor. (Sedgwick County Jail, Kansas)
U.S. District Court SEARCHES
Roberts v. Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. . 175 F.Supp.2d 176 (D.R.I. 2000). A detainee brought an action against corrections officials challenging the constitutionality of policies that require all males committed to the state prison to be subjected to a strip search and visual body cavity search. The district court held that the policies were constitutionally deficient as applied to the detainee, who was searched while detained pursuant to an outstanding body attachment issued by a state family court. The court noted that the policies contained no language concerning what factors might give rise to reasonable suspicion that would permit a constitutional search, and that the policies were universally applied to all pre-arraignment detainees without any prior determination that there is a reasonable suspicion that the detainee may be carrying weapons or contraband. The detainee was searched upon initial admission to the facility and was searched again before being transported to court for arraignment A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted . (Intake Services Center at the Adult Correctional Institution, Rhode Island)
U.S. Appeals Court
Shain v. Ellison, 273 F.3d 56 (2nd Cir. 2001). A misdemeanor detainee in a local correctional facility sued a county and various individuals, challenging the policy of requiring strip searches of all detainees regardless of the nature of the crime for which they were detained. The district court granted summary judgment for the detainee and awarded $1 in nominal damages Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated. . The appeals court affirmed in part and remanded in part. The appeals court held that the county's strip search policy violated the Fourth Amendment and its illegality was clearly established in 1995, but the detainee was not entitled to a new trial on the question of damages. The court noted that the searching officer did not have reasonable suspicion to conduct the search of the detainee, and that even if other officers had information that may have justified the search, the information was not relayed to the searching officer. (Nassau County Correctional Center, New York)
U.S. District Court
Spencer v. Sheahan, 158 F.Supp.2d 837 (N.D.Ill. 2001). A former pretrial detainee brought a [ss] 1983 action alleging deliberate indifference to serious medical needs. The district court denied summary judgment for the defendants. The detainee was a known diabetic who suffered from a cut between two toes on his right foot and subsequently developed an infection that resulted in two amputations and stump revision surgery. The court noted that there was a seven-day delay between the time that a physician observed "positive skin changes" on the detainee's foot and the time of diagnosis and treatment. (Cook County Jail, Illinois)
U.S. Appeals Court
Watkins v. City of Battle Creek, 273 F.3d 682 (6th Cir. 2001). The personal representative of the estate of a prisoner who died in jail custody, after denying that he had ingested in·gest
tr.v. in·gest·ed, in·gest·ing, in·gests
1. To take into the body by the mouth for digestion or absorption. See Synonyms at eat.
2. cocaine and refusing medical treatment, brought a federal civil rights suit against a city, county and various officials and employees. The district court entered summary judgment for the defendants and the appeals court affirmed. The appeals court held that the arresting officers and jail personnel were not deliberately indifferent to the detainee's rights in violation of the Fourteenth Amendment, and that the detainee was not punished in violation of the Fifth Amendment. The court found that the city and county could not beheld be·held
Past tense and past participle of behold.
the past of behold
beheld behold liable for failure to train, in the absence of a constitutional violation by individual defendants. According to the court, jail personnel were not deliberately indifferent to the medical needs of the detainee even though he exhibited some behavioral symptoms at the time of intake, where the personnel asked the detainee whether he had swallowed drugs, stated that they would get him medical help if he had and that he would not face additional charges, and generally kept him under observation even though one officer failed to do so. The court noted that detainee repeatedly denied ingesting drug s, refused medical treatment, and offered an alternative explanation for his symptoms. (Battle Creek Police Department and Calhoun County Jail, Michigan)