Hi! A pal in MS and his cellies are trying to do up legal papers regarding the action of their fans were taken away. I can't imagine not having a fan in the heat of THE DEEP SOUTH!

He mentioned that FL had a case regarding fans recently. He needs the case number, disposition of the prisoners' lawsuit, and any other relevant info.

Anyone know where to find this info? Can I send such info to a prison? Thanks in advance.

bunny, I wish I could help you here, but I don't know anything about "fan" lawsuits in Florida or in Mississippi.

Bunny, I hope this can guide you a little. I only know about Danish law, but if there are some similar things, you should be able to dig up those things in law books at the library. Here the cases are printed in the law books as guidelines.
I know there are something like that in Fl open for the public! Try for example http://www.law.fsu.edu/library/
The easy way is if you know a layer there, they have some sort of online access so they easily can search at those cases.
I can tell you this if it were here in Denmark the act would not be legal, unless they have used the fan for something as hiding things in...

Good luck

Thanks for answering , Russw and Denmark! I tried a little research of my own and came up with nothing. My pal is certain there was a FL lawsuit of some sort and his MS cellies want to copy/refer to that legal action.

I'll try that link though. Thanks! Can't imagine no a/c (have that prob myself) much less no fans in a confined space.

There are a number of Federal District Court cases that address various concerns regarding the comfort of inmates. One of the most recent cases was RUSSELL V. JOHNSON in the Northern District of Mississippi (Eastern Division); May 21, 2003; Case Number 1:02CV261-JAD.

In that case, the Federal District Court required that the institution measure the "heat index" at various intervals, and when such index reached 90, the prison is required to see that each cell is equipped with a fan. It does not require the prison officials to permit inmates to own and possess a personal fan.

The Federal Courts have consistently upheld the prison's right to remove items of personal property that pose a potential disruption or threat to the safety and security of the institution. Clearly, fan motors are often used to manufacture tattoo guns, which pose a threat of Hepatitis C. The blades themselves could be fashioned into weapons, whether they're plastic or metal. (Don't think for a minute that an inmate would NOT do these things, just because he "needs" the fan for personal comfort.)

When it comes to issues such as this, the Federal Courts have generally had a "hands off" policy when the institution is operating within what the courts have held is a reasonable level of security and control, and that their actions (or lack thereof) are considered to be in the "penalogical interest" of safety and security of the institution.

In short, you may actually find some old cases in Florida that address this particular issue. The problem is, it is an issue for the Federal District Court. Any decision made by the Federal District covering the State of Florida would have absolutely NO bearing on what happens in Mississippi. The United States Supreme Court has repeatedly rejected such cases, and remanded them back to the Federal District Court.

Since your inmate penpal is in Mississippi, he'd be wasting his time and effort. This decision was directly from the Mississippi Federal District Court. His request for possession of a personal fan in his cell has already been decided by the very court that he would have to appeal to - just a year ago. Trust me. The Court will not reverse itself on this issue.

LD, thanks! I wanted to assist him A LITTLE with some info but didn't want to be asked to research the whole case. I'm lost as to how it's a federal district case when the prison is a state prison but I'll give it a good read later. *sleep deprived now*

LD, may I cut/paste parts of your post to send to him? Thanks again!

It would be a Federal District Court case because the issue is founded within Constitutional protections under the 8th Amendment (cruel and unusual punishment). All Constitutional issues have to be filed under Title 42, United States Code, Section 1983 as a civil rights violation. (42 U.S.C. 1983)

It doesn't matter whether the alleged Constitutional violation occurs within a City Jail, a County Jail, a State Prison, or a Federal Penitentiary. The jurisdiction and venue lies with the claim for relief, not where the violation has allegedly occurred.

LD, you are too good to me! Even sleep deprived I could understand that! Thanks for the further explanation!

Bunny:

I sent you both the entire original action filed in the Federal District Court, as well as the Court's ruling (via email).

As you'll see, your pal's attempts will be fruitless, as the issue he wants to address has already been ruled upon by the same Court that he'd have to file in. He'd be beating a dead horse, so to speak.

WOW! Thank you, LD! I wanted to respond here rather than email so everyone would know how much I appreciate the time it took to research my question.

You're right! Doesn't look good for my non-DR pal who is housed on that very same unit. Terrible conditions. He won't be pleased at the results but he should be working on his original case anyway. *thinking of a subtle way to refuse future requests* LOL

Thanks again!