Alexandria, Virginia civil litigation lawyer represented Plaintiff, who sued Defendants on prison civil rights violation theories under 42 U.S.C. 1983.

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Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full constitutional rights, they are protected by the Eighth Amendment's prohibition against cruel and unusual punishment. This protection also requires that prisoners be afforded a minimum standard of living. For example, in Brown v. Plata, the Supreme Court upheld a court-mandated population limit to curb overpopulation which violated the Eighth Amendment in California prisons.



Regardless, prisoners retain some constitutional rights, such as due process in their right to administrative appeals and a right of access to the parole process. Additionally, the Equal Protection Clause of the Fourteenth Amendment applies to prison inmates, protecting them against unequal treatment on the basis of race, sex, and creed, and the Model Sentencing and Corrections Act, created by the Uniform Law Commission in 1978, provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex. Prisoners also have rights to speech and religion, to the extent these rights do not interfere with their status as inmates.

01/13/2023 130  Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 1/13/2023. Appearances of counsel. Motions argued. 67 MOTION to Dismiss for Failure to State a Claim, 94 MOTION for Summary Judgment, 97 MOTION for Summary Judgment are GRANTED. 69 MOTION to Dismiss for Failure to State a Claim and, 74 MOTION to Dismiss for Failure to State a Claim DENIED AS MOOT. (order to follow) (Court Reporter S. Austin.)(yguy) (Entered: 01/13/2023)

01/13/2023 131  ORDER: For the reasons stated in open court, Defendant Clarke's Motion to Dismiss the SAC (ECF 60), to Drop Him as a Party, or to Sever Count 2 [Dkt. No. 67], Correctional Defendants' & Edmonds' Motion for Summary Judgment [Dkt. No. 94], and Angel Sykes, LPN's Motion for Summary Judgment [Dkt. No. 97] are GRANTED; and Defendant Larry Edmonds' Motion to Dismiss the Second Amended Complaint (ECF 60) [Dkt. No. 69] and Angel Sykes, LPN's Motion to Dismiss [Dkt. No. 74] are DENIED AS MOOT.(see order for details). Signed by District Judge Leonie M. Brinkema on 1/13/23. (yguy) (Entered: 01/13/2023)

01/13/2023 132  CLERK'S JUDGMENT: JUDGMENT is hereby entered in favor of defendants C.O. Riddick, Turner, Epps, Andrews, Benny, Lensey, Green, Shaw, Angel Sykes, Edmonds, and Harold Clarke and against the plaintiff JWA E. Charlery. (yguy) (Entered: 01/13/2023)