eighth amendment
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Judge allows inmate’s lawsuit to proceed against prison officials for failure to protect, retaliation
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A federal judge has allowed an inmate to pursue his lawsuit against Colorado prison officials based on allegations they failed to protect him, instructed other prisoners to fight him and retaliated against him for filing grievances. Although the defendants attempted to characterize Terance DeJuan Wilson as a “frequent filer” who regularly pursues scattershot claims in…
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Judge dismisses assault-related lawsuit against Adams County jail officials
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A detainee in the Adams County jail has not plausibly claimed officials violated his constitutional rights by failing to investigate and protect him from a series of alleged sexual assaults while he was sleepwalking, a federal judge has decided. Joseph Anthony Cruz reportedly discovered circumstantial evidence of being sexually assaulted while he was asleep and…
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SCOTUS decision prompts 10th Circuit to toss prisoner’s lawsuit over alleged assault by guard
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Following a recent U.S. Supreme Court decision closing the door on lawsuits for various violations of constitutional rights, the federal appeals court based in Denver has agreed an inmate may not sue a federal prison guard for allegedly assaulting him in his cell. Anderson Coutinho Silva, who is incarcerated at the U.S. Penitentiary — Administrative Maximum Facility…
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Judge rejects inmate’s request to order changes to prison dental policies
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A federal judge has rebuffed an inmate’s request to order prison officials to halt their alleged unofficial policy of denying dental crowns to detainees, believing the Federal Bureau of Prisons should be left to manage its own medical protocols. Peter George Noe, who is incarcerated at the U.S. Penitentiary — Administrative Maximum facility in Florence, filed…
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10th Circuit tosses inmate’s lawsuit over COVID-19 prison protocols
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A Colorado inmate has not plausibly claimed that prison officials’ allegedly-deficient COVID-19-prevention measures amounted to cruel and unusual punishment, the federal appeals court based in Denver has decided. Delano Marco Medina, who is incarcerated at the Colorado Territorial Correctional Facility in Cañon City, first filed a petition in federal court in June 2020, claiming the Colorado…
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Logan County judge imposed unconstitutional fine, appeals court says
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A Logan County judge violated the Eighth Amendment’s prohibition on excessive fines when he ordered a defendant to pay a half million dollars even though there was no indication the man had the ability to pay, the state’s second-highest court has ruled. Kevin R. Rowan pleaded guilty to the felony offense of criminal attempt to…
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10th Circuit says inmate cannot sue for cruel and unusual punishment over amputated fingers
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An incarcerated man allegedly told his supervisor of faulty equipment on a work assignment and ended up losing two fingers as the result of an accident, but the federal appeals court based in Denver has thrown out his lawsuit alleging cruel and unusual punishment. Gregory Morris Sanders was working through Colorado Correctional Industries, the state’s…
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Judge grants immunity to prison officials in lawsuit about overcrowding, showering
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Despite the reinstatement of an inmate’s civil rights lawsuit by the federal appeals court based in Denver, a trial judge has granted immunity to prison officials for the allegedly unconstitutional conditions they created in the case. U.S. District Court Judge Raymond P. Moore on Tuesday dismissed the claims of Larry Allen Thompson, who accused officials…
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10th Circuit tosses inmate’s lawsuit over prison’s response to safety complaint
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The federal appeals court based in Denver has dismissed an inmate’s civil rights lawsuit because he had not fully pursued his administrative grievance, even though prison officials rejected a virtually identical grievance he previously filed. Arthur James Moore was incarcerated at Buena Vista Correctional Facility on June 10, 2019, when Sgt. Anthony Tresch allegedly told…
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Federal judge recommends letting man sue prison officials for severe injuries
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A federal magistrate judge has concluded medical personnel violated a detainee’s constitutional rights if, as alleged, they waited 36 hours to transport him to the emergency room despite his rapidly-deteriorating condition that ultimately required amputation of his limbs. U.S. Magistrate Judge N. Reid Neureiter recommended against dismissing Christopher Tanner’s civil rights lawsuit, stemming from Tanner’s…