Incarceration and the Law

CASES AND MATERIALS

Featured, Cited, and Supplemental Litigation Documents

PART I: CONDITIONS OF CONFINEMENT

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  • DePriest ex rel. C.B. v. Walnut Grove Correctional Authority, 3:10-cv-00663-CWR-FKB (S.D. Miss.)

PART II: CIVIL LIBERTIES

PART III: PARTICULAR PRISONER POPULATIONS

PART IV: LITIGATION AND REMEDIES


Sample 1983 and Bivens Complaints

  • Hill v. BOP, No. 13-cv-3404 (D. Colo) (Bivens action re. medical and mental health care, filed by trans woman seeking damages and injunctive relief)
  • Jones v. Dart, No. 13-cv-2652 (N.D. Ill) (pro se action alleging unconstitutional conditions in Cook County jail)
  • Ross v. Gossett, No. 15-cv-309 (S.D. Ill) (damages class action for Illinois state prisoners who alleged beatings, sexual humiliation, and property destruction during “shakedowns”
  • Taylor v. Crot, No. 13-cv-1930 (N.D. Ill) (pro se jail detainee complaint alleging inadequate medical care and failure to protect)
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  • U.S. Department of Justice, Annual Statistical Reports 
  • United States v. Almodovar, No. 3:18–cr–00145–SDD–EWD (M.D. La.)
  • Examples of medical neglect prosecutions

  • Examples of failure to treat prosecutions
  • Examples of failure-to-protect prosecutions (from another staff member’s assault, or from harm imposed by another prisoner)
  • Examples of sexual assault prosecutions
    • United States v. Baldinger, No. 1:18-cr-01965-JAP (D. N.M. filed June 13, 2018) (sexual assault by a private prison transport officer, indicted under § 242, knowingly possessing a firearm in furtherance of a crime of violence, indicted under § 924(c)(1)(A))
    • United States v. Johnson, No. 4:17-cr-00214-WTM-GRS (S.D. Ga. filed Aug. 16, 2017) (sexual assault and coercion to cover up, convicted under § 242)
    • United States v. Shaw, No. 2:13-cr-00660-FSH (D. N.J. filed Oct. 7, 2013) (indicted under § 242 for aggravated sexual abuse)

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Bonnie Tenneriello

Bonnie Tenneriello is Solitary Confinement Project Director and a Senior Attorney with Prisoners’ Legal Services of Massachusetts. Much of her litigation has focused on solitary confinement, including the pending case Evelyn v. DOC, which challenges the Massachusetts DOC’s evasion of solitary confinement reform.  She has also written on this topic for the Boston Review.  Recent litigation also includes Doe v. Mici, which challenges the use of prisons to house people civilly committed for substance use disorder.  She serves on the Board of Directors of the Massachusetts Chapter of the National Lawyers Guild.