Legal Question in Civil Rights Law in Nebraska

Equal Justice

The Sheriff did not allow the use of a Inmate Request Form with the proper materials (typewriter), in the Inmate�s bid for a Public Defender. The Sheriff would not allow a BLANK Inmate Request Form to be faxed to me so that I could fill it out (typed) and return it to the Inmate.

The Inmate was left unattended in the Inmate Visitation area for 1 hour after all visitors had ended their visit. The Inmate Visitation area is cold and has no lavatory facilities.

The Inmate was denied a 6 pack of factory sealed, bottled water that was delivered by Inmate�s visitors. A Deputy said ok, the Sheriff ask who the water was for, it was denied. The Sheriff knowing that the Inmate could not drink the juices supplied by the Sheriff do to sugar content, the Sheriff did deny the Inmate the bottled water.

The Judge denied the handwritten Inmate Request Form. The Judge having full knowledge that the Inmate did not have access to a typewriter or means to have the Form typed.

The Judge did deny the handwritten Inmate Request Form. While previously allowing other Inmates to submit handwritten Inmate Request Forms.


Asked on 11/24/01, 10:12 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Equal Justice

The situation you describe may be the basis for a Section 1983 violation. I would urge you to see a civil lawyer in your jurisdiction to investigate the claim.

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Answered on 11/24/01, 11:40 am


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