AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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Female Prisoners

     Female juvenile adjudicated delinquent did not show that her federal constitutional or statutory rights were violated by the fact that a community corrections facility near her home did not accept females, resulting in her having to serve 11 months in a juvenile correctional facility and a drug rehabilitation center that were further away. Her constitutional rights were not violated because she was provided with opportunities comparable to those provided for male inmates. The decision made by her family members not to drive to the facility where she was incarcerated for attendance at family therapy sessions did not alter the fact that family therapy was offered. Additionally for purposes of federal civil rights statutes prohibiting sex discrimination in a governmental "program or activity," the "program or activity" at issue was the entire system of juvenile institutions operated by the State of Ohio, rather than a particular juvenile facility. Lothes v. Butler County Juvenile Rehabilitation Center, No. 06-3389, 2007 U.S. App. Lexis 16559 (6th Cir.).
     Co. jail facility for women was O.K. except for sanitation needs of females caused by overcrowding. Fischer v. Winter, 564 F.Supp. 281 (N.D. Cal. 1983).
     Female inmates win cause on prison conditions and get attorney fees. Glover v. Johnson, 531 F.Supp. 1036 (E.D. Mich. 1982).
     Kentucky correctional institution for women found in violation of equal protection clause by denying privileges and job opportunities to female inmates that male inmates in area prisons receive. Canterino v. Wilson, 546 F.Supp. 174 (W.D. Ky. 1982).
     State correctional officials cannot close women's prison without legislative act. DeVault v. Nicholson, 296 S.E.2d 682 (W. Va. 1982).
     California court upholds majority of policies at women's jail; orders due process rights to be accorded prior to administrative segregation; awards $105,760 in attorney's fees. Inmates of Sybil Brand Inst. v. City of Los Angeles, 181 Cal.Rptr. 599 (App. 1982).
     Louisiana court holds that prison personnel did not violate female inmate's constitutional rights by failing to provide her with medical care; rules that such failure did not cause woman to spontaneously abort child. Williams v. Delcambre, 413 So.2d 324 (La. App. 1982).
     Appeals court works out compromise between female inmates' right to privacy and male guards employment rights at New York prison. Forts v. Ward, 621 F.2d 1210 (2nd Cir. 1980).
     Under the California Constitution and the Equal Protection Clause of the Fourteenth Amendment, female inmates are entitled to the same jail assignment opportunities as male inmates. Molar v. Gates, 159 Cal.Rptr. 239 (App. 1979).

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