Prisons & Jails

Aug 24, 2018

WDVA: Corrections’ experts not qualified on adequacy of care

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s care met the Department’s standards, but not on whether care met objective, non-Department standards. Background [[...]

Jul 13, 2018

WDVA: Jails must deliver nonprofit’s materials to inmates

A regional jail authority is preliminarily enjoined from confiscating publications mailed to inmates by the Human Rights Defense Center. The policy banning delivery of such publications is not rationally related to any legitimate purpose identified by the defendants. Background Plaintiff Human Rights Defense Center is a non-profit organization that distributes books, magazines, and other informati[...]

Jul 10, 2018

WDVA: VDOC dentist must refer inmate for oral care

An inmate was entitled to partial injunctive relief related to his ongoing pain after another prisoner broke his jaw. Dental care to date has not ameliorated his pain or ability to chew food, and he is entitled to further evaluation. Background A fellow inmate broke Plaintiff Emmitt Roscoe’s jaw in February 2017, damaging a nerve. […]

Jun 10, 2018

EDVA: Medical personnel face trial for inmate death

A man who was pronounced dead after a seizure he suffered while awaiting trial at the Richmond City Justice Center has, through his estate, presented sufficient evidence of medical staff’s deliberate indifference to his serious medical needs, as well as negligent treatment. A paramedic thought staff acted suspiciously when EMS arrived, and she found four […]

Apr 11, 2018

CAV: Father wrongly excluded from adoption proceedings

Denying an incarcerated father’s request for transportation to his child’s adoption hearing, without offering him an alternative means to participate, was an abuse of the trial court’s discretion. Background On June 20, 2016, Appellee Shawn B. Foster, joined by his wife, filed a petition to adopt M., his wife’s biological daughter. Amanda Thornton, Foster’s wife […[...]

Mar 19, 2018

4th Cir.: Injunction denial required specific findings

Appellant Douglas A. Hoglan, a Virginia inmate, appeals the district court’s order denying his motion for a preliminary injunction to stop the enforcement of certain provisions governing incoming prisoner mail. In particular, Hoglan challenges the institutional requirement that images with sexually explicit content contain a statement of compliance with 18 U.S.C. § 2257. Federal Rule […]

Mar 19, 2018

WDVA: Prisoner’s dim-lighting claim can proceed to discovery

An inmate’s claim that officials at Green Rock Correctional Center violated his Eighth Amendment rights by keeping cell lights off for 23 hours per day survived a motion to dismiss. Other claims, including the inmate’s assignment to a top bunk with no safety railing, did not sufficiently state constitutional violations. Background Plaintiff Calvin Perry is […]

Mar 12, 2018

4th Cir.: Continuing “indifference” extends limitations period

When inmates sue under § 1983 for prison officials’ disregard of a serious and ongoing medical need, the statute of limitations does not begin to run until the date, if any, on which adequate treatment is provided. Background Appellant Eric J. DePaola is incarcerated at Red Onion State Prison. Since childhood, he has received treatment […]

Mar 12, 2018

4th Cir.: Agency head has qualified, not absolute, immunity

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ill inmates. Background This case arises from the death of Jamycheal Mitchell. After Mitchell was […]

Mar 5, 2018

EDVA: Solitary confinement was cruel and unusual

The Department of Corrections was enjoined from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted of capital murder and sentenced to death. They are confined in a single unit, “death row,” at […]

Feb 27, 2018

EDVA: Solitary confinement was cruel and unusual

The Eastern District enjoined the Department of Corrections from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted of capital murder and sentenced to death. They are confined in a single unit, “death […]

Dec 18, 2017

Constitutional – First Amendment – Rastafarian Services – Administrative Remedies

Wilcox v. Brown (VLW No. 017-2-210, 14 pp.) (Traxler, J.) 16-7596; Dec. 5, 2017; USDC at Asheville, N.C. (Whitney, C.J.) 4th Cir. Holding: Where the plaintiff-prisoner alleges that defendants discontinued Rastafarian services because the prison was without a chaplain, but that when the prison hired a chaplain, defendants refused to allow Rastafarian services to resume, […]