County Inmates sue for violation of their Civil Rights!

[The Colonel(44)]

The county in which I reside,the inmates at the local jail sue the County Goverment for cruel and inhumane treatment and violation of their Civil Rights and Win!The County has settled the suit which will require the Taxpayers (Me) to fork out and additional $36 in added Wheel tax.Instead of tags costing $35 now will cost $71.Thats not all,just the other day a represenative of the office of county Tax asseorer was driving through my neighborhood,drove up in drive way asked how many bathrooms I had in my house, and remeasured my detached garage saying that measurments were in correct on county forms.So to help pay for the suite and build a $9 million Glammer Slammer,I sense my taxes will go up as Well.Jailbird Joey gets (3) hots and a cot and medical care and I get stuck with the tab :confused: Who ever said crime does'nt pay :mad:

[ftlaudcop]

you have to give us more info, on what was declared cruel and in humane...?












www.schackdaddy.com

[Centurion44]

That's another misconception I'm getting sick of: That if you sue the government, they government pays you. You think for one minute the government is going to take that kind of loss? All they do is jack up everyone else's taxes so that the person suing them- someone who probably doesn't pay taxes anyway- gets our money.

Sounds like if they settled they would rather go through all that than have a trial.

[NewCenturion]

Is this another broken cookie / soggy sammich lawsuit? Or was the prisoner a sports fan denied his 8th amendment right to tee-vee during the superbowl after he shanked someone (a CO/Detentions Deputy I care about - another inmate, weeeelllll). Details people, I need details.

[The Colonel(44)]

In humane treatment, Inmates version,leaky roof,leaky toliets, sewage backup in showers,having to sleep on mattress on cold concrete floor, no exercise yard.Viloation of civil rights,Bond set to high, denied medical care Doctor vists and drug prescriptions complaints about food,overcrowding.Current jail built in 1973 to house 36 inmates estimate jail population for 12/25/05 100+ 10 women in a 4 cell room.They inmates hire attorneys from Memphis,Tn and if the suit was not settled a federal judge would rule against the county goverment.Then we are talking a whole nother problem how a federal judge dictates how a jail is to be built.The local Ministrial assocation made up of local denominations in the county were for the rights of inmates! :confused:

[The Colonel(44)]

In humane treatment, Inmates version,leaky roof,leaky toliets, sewage backup in showers,having to sleep on mattress on cold concrete floor, no exercise yard.Viloation of civil rights,Bond set to high, denied medical care Doctor vists and drug prescriptions complaints about food,overcrowding.Current jail built in 1973 to house 36 inmates estimate jail population for 12/25/05 100+ 10 women in a 4 cell room.They inmates hire attorneys from Memphis,Tn and if the suit was not settled a federal judge would rule against the county goverment.Then we are talking a whole nother problem how a federal judge dictates how a jail is to be built.The local Ministerial association made up of local denominations in the county were for the rights of inmates! :confused:The inmate who filed the lawsuit with the help of outside lawyer against county had the audacity to write (Our Reader's Write column) in the local weekly newspaper whinning about not getting credit or his name put up in lights,Idiot has ****ed us 28,000 taxpayers who have to foot the bill for the Glammer Slammer.Additional fees for License plates will cost me and additional $150 a year in taxes!The inmates gets (3) hots and a cot and free medical coverage! :mad:

[HeineyGirl]

As I see it, prisoner's have too many rights. Once you break the law, minus the exceptions, the (proven) mentally insane and picture Kevin Bacon in Shawshank Redemption, you give up all of your rights. Period. Whether you go to a sweat tent in Texas or a 3 Star resort penitentiary, you give up all your rights when you commit a crime. They should all be on a chain gang from day one unitl the end of their sentence.

Just my opinion!!!

[21blue28]

Inmates can all shut the f$ck up for all I care. The day they can bitch that their conditions are worse than a soldier's daily life in terms of comfort and amount of work, will be the day that I agree with them.

[wpowe008]

That's totally incorrect.

After committing any crime you do not lose your rights.
You're disenfranchised, however, any basic look at the constitution points out the majority of rights are for those convicted. What you're saying, after convicted you'd lose your 8th amendment rights. The whole point of that right is incase you are convicted. Over half of the amendments in the bill of rights are designed for those in legal trouble.

On top of that, no one gets to juse "sue the government."

Imagine this, you're a man who pays all your taxes, no record, nothing. Out of nowhere the government crashes it's plane into your house. You can't go down to your lawyer to sue them. You have to ask the government to be allowed to sue them. Obviously the clerks look at this and felt there was something wrong, and allowed the law suit to go through.

I think this seems to be alittle one sided, a tax increase does suck, always does. But it's less than the rest of the globe.

[21blue28]

That's totally incorrect.

After committing any crime you do not lose your rights.
You're disenfranchised, however, any basic look at the constitution points out the majority of rights are for those convicted. What you're saying, after convicted you'd lose your 8th amendment rights. The whole point of that right is incase you are convicted. Over half of the amendments in the bill of rights are designed for those in legal trouble.

On top of that, no one gets to juse "sue the government."

Imagine this, you're a man who pays all your taxes, no record, nothing. Out of nowhere the government crashes it's plane into your house. You can't go down to your lawyer to sue them. You have to ask the government to be allowed to sue them. Obviously the clerks look at this and felt there was something wrong, and allowed the law suit to go through.

I think this seems to be alittle one sided, a tax increase does suck, always does. But it's less than the rest of the globe.

You lost me somewhere in there.

Care to try again?

[Mitchell_in_CT]

Suits against the United States Government and the Several States are governed under the Federal Constitutions 11th amendment.

Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the US Congress on March 4, 1794 and was ratified on February 7, 1795.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The amendment was passed after the Supreme Court's 1792 ruling in Chisholm v. Georgia, 2 U.S. 419 (1793), that federal courts had the authority to hear cases in law and equity against states, and that states did not enjoy sovereign immunity from suits made by citizens of other states.

The amendment limits the jurisdiction of the Federal judicial system to exclude any suit initiated by a person against a state government. However, this does not limit the use of the Federal courts when a state consents to be sued. Furthermore, in Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), the Supreme Court unanimously held that Congress may abrogate state immunity from suit, if this is done pursuant to a valid exercise of its constitutional powers. See, e.g. Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996). The Supreme Court has interpreted the Fourteenth Amendment as granting Congress such power. See Congressional power of enforcement.

Although the amendment's text does not by its own terms include suits brought by a citizen against his own state, the Supreme Court held in Hans v. Louisiana 134 U.S. 1 (1890) that there is a broader principle of state sovereign immunity, of which the Eleventh Amendment is but one example. Such immunity is commonly referred to as "Eleventh Amendment immunity", though the court itself has referred to this designation as "something of a misnomer" Alden v. Maine, 527 U.S. 706 (1999). There has, however, been a consistent expression in dissenting opinions by Supreme Court justices that the states surrendered their sovereign immunity when they ratified the Constitution, and that the Eleventh Amendment should therefore be read narrowly as only applying to suits brought against states under the diversity jurisdiction of the federal courts.

The phrase : "...to any suit in law or equity..."

Nominally, the amendment provides immunity to States from actions in both law and equity (ie.from both money damages and injunctive relief). But with the advent of the Stripping Doctrine, which allows citizens to sue state officials, the federal courts have drawn a line between injunctive and monetary relief.

Courts are willing to allow actions against state officers because foreclosure of such actions would ensure that no method existed of allowing enforcement of federal laws against the states. But they uphold the legal fiction that state officers can be sued in their official capacity even though they supposedly acted outside their official authority only to the extent of providing injunctive relief. Private parties cannot sue state officers in their official capacity for monetary damages, as such money would in reality come from the State treasury (depriving the states, as such, of their sovereign immunity). However, private citizens can sue state officers in their official capacity for injunctive relief and also bring monetary damage actions against them in their individual capacity.

_____________
In terms of an inmate suit against the state, they would name the warden of the facility and sue him in his capacity as an officer of the state, as the state itself can not be sued, and they can only sue to require him to enforce the law as he is required to do.

In this case of inmates suing for violations of civil rights, if the state is under a federal court decree to bring jails up to a reasonable standard, whatever that may be, then they can sue to obligate the state to follow that decree and bring the jail up to code.

In a case of brutality or unjustified conduct, then suing under 18 USC 1983, the 14th amemdment's equal protection clause for a violation of rights under color of law, then that is something different, a direct suit against the actors in their personal capacity, but outside the scope of this thread.

Clear as Mud?

Sources:

http://en.wikipedia.org/wiki/Eleventh_Amendment_to_the_United_States_Constituti on

http://classes.lls.edu/archive/manheimk/fedcts/echarts/11th-t.htm

[KenW.]

The inmates gets (3) hots and a cot and free medical coverage!

Don't forget dental care to repair "meth mouth".

[DeputySC]

The problem is we are starting to baby them too much in jail. I worked in corrections for a year and all I felt like was a babysitter.

[FNA209]

When you get locked up, there should be no weight room for you to work out in.

There should be a no programming on your TV....except maybe "I Love Lucy" reruns. No sporting events, movies, etc.

You should be fed a balanced diet, although if it was high in fat and cholesterol it would help us catch you easier when you get out and re-offend. And it shouldn't necessarily be tasty- bland should be fine.

We should re-introduce cigarettes into the jails and give you as many packs as you want for free. You should have more time out of your cell as long as you are actively smoking. Want to go outside and smoke 50 cigarettes? No problems, go for it!

[bcoffill]

i dunno how many times ive had a food tray chucked in my general direction because the food was not adequate temperature...(hotpockets) or "fish again"


stupid stupid damned hippies...

[djack16]

We should see a link to a story or a scanning of the article. Not that hard.

Scapegoating liberalism in every thread is old. It doesn't work here. Inmates cannot be held in improperly maintained facilities. Backed up sewage, denial of medical care, etc is cruel and unusual conditions. You morons advocating this type of treatment would just as soon probably see these people shot than appreciate the rule of law. If appreciating law and the constitution is being a hippie then where the *#&% is my VW bus and pet rock. :cool:

[bcoffill]

see heres the thing...someone throws **** on you...you get mad...you want to do something about it (if you strip away all the stuff like decency and law suits and all that and breeak down to simple human nature you would want to beat the hell out of someone)...you write the guy a ticket...he goes to his d-board and states that his toilet had been clogged all day and to make a statement he threw feces on you...the guy gets found guilty in his d-board...the guy then speaks to his lawyer...now theres a suit being filed because this one guys toilet was clogged for a while while the officers were most likely dealing with some other stupid crap from the hugathug committee...now the story comes out in the local paper...Inmate sues because he was forced to live amongst his own excrement...

[bcoffill]

if youve never worked in a jail and had crap thrown on you you will never know

here is your pet rock...

[Bowles]

see heres the thing...someone throws **** on you...you get mad...you want to do something about it (if you strip away all the stuff like decency and law suits and all that and breeak down to simple human nature you would want to beat the hell out of someone)...you write the guy a ticket...he goes to his d-board and states that his toilet had been clogged all day and to make a statement he threw feces on you...the guy gets found guilty in his d-board...the guy then speaks to his lawyer...now theres a suit being filed because this one guys toilet was clogged for a while while the officers were most likely dealing with some other stupid crap from the hugathug committee...now the story comes out in the local paper...Inmate sues because he was forced to live amongst his own excrement...


....and the lawsuit will always fail to mention the toilet was stopped up because this inmate stuffed it full of toilet paper and tee shirts.

[Bowles]

That's totally incorrect.

After committing any crime you do not lose your rights.
You're disenfranchised, however, any basic look at the constitution points out the majority of rights are for those convicted. What you're saying, after convicted you'd lose your 8th amendment rights. The whole point of that right is incase you are convicted. Over half of the amendments in the bill of rights are designed for those in legal trouble.


Inmates incarcerated in the state prison system retain only 5 rights. They are:

1. Right to sue.
2. Right to due process in a disciplinary hearing.
3. Right to receive/send mail.
4. Right to practice their religion.
5. Right to medical treatment.

I can't post a link here because the site is password protected, the source I'm quoting is the OSDT training manual for the NC DOC.

I handle releases at my facility. Each felon released provided he isn't releasing on Post Release supervision or intensive probation will receive a "Restoration of Rights" form.

[trueguy]

1. Right to sue.
2. Right to due process in a disciplinary hearing.
3. Right to receive/send mail.
4. Right to practice their religion.
5. Right to medical treatment.



I am curious, so I agree that all these rights are fair to have as an inmate. However, why do the states/government have to provide medical treament? Surely, there is a difference between having the "Right" to treatment versus being able to get/afford treatment. What's in the law that says we have to provide treament too? Millions of law abiding citizens go without medical treatment or medical insurance everyday.

[Arkansas Red]

I am curious, so I agree that all these rights are fair to have as an inmate. However, why do the states/government have to provide medical treament? Surely, there is a difference between having the "Right" to treatment versus being able to get/afford treatment. What's in the law that says we have to provide treament too? Millions of law abiding citizens go without medical treatment or medical insurance everyday.


Because its part of the "3 C's of Corrections" Care, Confinement, Custody. Notice which is first and which is last.
All the while I do agree that Inmates are afforded rights, likes Bowles mentioned earlier a convict tries to "flood" their cell with TP, towels, and t-shirts. Then they complain when a toilet no longer works correctly.
There is a need for the officers to report faults in the facility they are working, however, as bcofill stated, you don't really feel like helping people when you get "gassed". I feel more like making the Inmate pay for my Aids/Hep tests and then seeing my Lawyer about getting this hooked up with an "Assault to Public Servant" charge and a wonderful room at Hotel TDCJ.

[bcoffill]

I came up with a good definition today...

Hippie (noun,adj,verb) h-i-p-ee
A person (n) who actively voices his/her views on a subject that he/she has little to no experience in. The ideaology usually goes agaisnt those of whom have experience in said subject.

footnote-Many different classes of hippy exist to include but not limited to, Giggling stoner hippie, Drum-circle Hippie and College know-it-all Hippie. While rare, the gathering of several classes of hippie may result in a "Hippie Jamband Music Festival" lasting anywhere from 1 to 7 weeks...

[Arkansas Red]

I came up with a good definition today...

Hippie (noun,adj,verb) h-i-p-ee
A person (n) who actively voices his/her views on a subject that he/she has little to no experience in. The ideaology usually goes agaisnt those of whom have experience in said subject.

footnote-Many different classes of hippy exist to include but not limited to, Giggling stoner hippie, Drum-circle Hippie and College know-it-all Hippie. While rare, the gathering of several classes of hippie may result in a "Hippie Jamband Music Festival" lasting anywhere from 1 to 7 weeks...


You wouldn't be talking about Woodstock now would you? :D

Hmmm... large gathering of people motivated by the same ideals, dressed in a similar manner, causing problems in a public area...... ain't that close enough to a gang? Break out the riot gear. :D

[Bowles]

I am curious, so I agree that all these rights are fair to have as an inmate. However, why do the states/government have to provide medical treament? Surely, there is a difference between having the "Right" to treatment versus being able to get/afford treatment. What's in the law that says we have to provide treament too? Millions of law abiding citizens go without medical treatment or medical insurance everyday.


Inmates are entitled to the same level of medical care they would receive on the streets. While it isn't free, it just as well be. Regular sick calls are $5.00 and emergency sick calls that are not true emergencies are $7.00.

Our three "C's" are Control, Custody, and welfare. In that order.

[bcoffill]

i dunno about your places but sometimes...ill be working have a nice quiet unit everyone is respectful and calm and then...med call...the nurse comes in and for the rest of the night i have a riled up unit because "she wouldnt give me motrin" or "why dont they answer medical request forms" or "this place is a joke" some of the nurses even yell at the inmates then turn to me and say "you better do something about that" then i say "you got them riled up now you can deal with it"

[djack16]

I came up with a good definition today...

Hippie (noun,adj,verb) h-i-p-ee
A person (n) who actively voices his/her views on a subject that he/she has little to no experience in. The ideaology usually goes agaisnt those of whom have experience in said subject.

footnote-Many different classes of hippy exist to include but not limited to, Giggling stoner hippie, Drum-circle Hippie and College know-it-all Hippie. While rare, the gathering of several classes of hippie may result in a "Hippie Jamband Music Festival" lasting anywhere from 1 to 7 weeks...
I did some word creation myself!
bcoffill (adj) b-co-ffill
A very slow individual who cannot form a rational arguement so resorts to name calling and accusations. Also tends to vote the dumbest presidents into office and mindlessly support their policies. Watches FoxNews and worships Pat Robertson. Curses immigrants for all social woes and would never be phased by the actions of American troops; even if they massacred a whole city. While rare, the gathering of several of these conservative fellows may result in a "Lynching" in which the law of their concious is applied rather than that which has been legislated. Tending to be extremely intoxicated at any given time, they most likely will do to the person lynched what they did to their dog in the backyard last week right in front of Darlene and the neighborhood kids.

That was FUN! :D

If an inmate caused the problems in his cell that, I'm sure, would be brought up in court. If not, that is the fault of whoever handles the case for the government.

[bcoffill]

Public profile for djack16
Are You Employed in the Law Enforcement Industry:
No
Are You a Sworn Police Officer:
No
Interests:
Law Enforcement, Online Computer Games, Weight lifting, etc
Occupation:
Data Entry
Location:
California, USA
How did you find Officer.com?:
Typed it into the URL bar.
Biography:
Was an Explorer for 5 years and learned quite a bit from it. I do intend to join the field of law enforcement upon completion of school.

please note:the section/s related to experience in the law enforcement industry and the current career.

also note the first sentence in the definition of Hippie (see above).

hows your pet rock? :cool:

[Arkansas Red]

If an inmate caused the problems in his cell that, I'm sure, would be brought up in court. If not, that is the fault of whoever handles the case for the government.

Djack-

From a county perspective, Inmates do not go to "court" from the stunts they pull. Unless it is something that can be considered big (Assault, Murder, Rape, etc). 95% of the time they sit and play stupid games thats just enough to make the Officer mad, but won't get the inmate time in lockdown.

Heck this past night I was serving chow to them and an inmate had the nerve to reach into the cart open a spare tray and steal a roll out of it. Right there in front of me. Then he riles up everyone in the dorm when I make him throw it away. To top it off he had gotten comissary just a few hours earlier!

We need to get rid of Comissary. Thats just me though.

When you get to deal with that night after night by all means come on back and let us know.

[Island5-0]

You have to understand, would you rather have them in your community?? Inmates don't like to be lock-up 23hrs a day, they don't like being told what to do,they don't have privacy.they are montiored 24/7. No freedom,there bored to death. Thats good money spent,I can sleep easy at night knowing my tax paying money is in good use.

[pkagel]

In humane treatment, Inmates version,leaky roof,leaky toliets, sewage backup in showers,having to sleep on mattress on cold concrete floor, no exercise yard.Viloation of civil rights,Bond set to high, denied medical care Doctor vists and drug prescriptions complaints about food,overcrowding.Current jail built in 1973 to house 36 inmates estimate jail population for 12/25/05 100+ 10 women in a 4 cell room.They inmates hire attorneys from Memphis,Tn and if the suit was not settled a federal judge would rule against the county goverment.Then we are talking a whole nother problem how a federal judge dictates how a jail is to be built.The local Ministrial assocation made up of local denominations in the county were for the rights of inmates! :confused:

Lemme compare this to my 5 years on the USS Enterprise(CVN-65)
Leaky roof, no, but getting sprayed w/JP5 jet fuel might count
Sewage backup, nearly once a week
mattress on floor, no, 3 inch matress on cold steel though
Exercise yard, a few weights, but no yard at sea
Medical care, sure, if I wanted to wait 4 hours for an advil
Food complaints, don't even get me started, MRE's were better than what I ate most of the time
Overcrowding, 300 of my best friends in one room and 5,000 on the carrier as a whole, yea, we were overcrowded
1973, lol, try 1960....

Now how about some they don't have. Try sleeping under a darn jet engine and having to wear hearing protection to take a shower that is either ice or steam.

You think I had it bad, my Army and Marine bretheren had it even worse.

Maybe I have a lawsuit.....naw, I signed up for it!!!!

[bcoffill]

I still say id be pretty ****ed if i were the victim of some of these criminals at the way they have it in jail/prison