Quantcast

Tag Archives: Prisons & Jails

WDVA: Corrections’ experts not qualified on adequacy of care (access required)

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 ...

Read More »

WDVA: Jails must deliver nonprofit’s materials to inmates (access required)

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 ...

Read More »

EDVA: Medical personnel face trial for inmate death (access required)

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 ...

Read More »

CAV: Father wrongly excluded from adoption proceedings (access required)

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 ...

Read More »

4th Cir.: Injunction denial required specific findings (access required)

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 ...

Read More »

WDVA: Prisoner’s dim-lighting claim can proceed to discovery (access required)

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 ...

Read More »

4th Cir.: Continuing “indifference” extends limitations period (access required)

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 ...

Read More »

4th Cir.: Agency head has qualified, not absolute, immunity (access required)

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 ...

Read More »

EDVA: Solitary confinement was cruel and unusual (access required)

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 ...

Read More »