University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Luciano v. Vitiello JC-ME-0006
Docket / Court 2:07-cv-00025-DBH ( D. Me. )
State/Territory Maine
Case Type(s) Jail Conditions
Attorney Organization ACLU Chapters (any)
Case Summary
On September 5, 2007, Plaintiffs, a group of inmates of the York County Jail, filed this 42 U.S.C. § 1983 action against York County in the United State District Court for the District of Maine. The plaintiffs, represented by the Maine Civil Liberties Union, sought damages, claiming that their ... read more >
On September 5, 2007, Plaintiffs, a group of inmates of the York County Jail, filed this 42 U.S.C. § 1983 action against York County in the United State District Court for the District of Maine. The plaintiffs, represented by the Maine Civil Liberties Union, sought damages, claiming that their Eighth Amendment right to be free from cruel and unusual punishment had been violated. Specifically, they claimed that being forced to clean up large quantities of posssibly infected human blood without appropriate protection constituted cruel and unusual punishment.

On November 7, 2006, the plaintiffs, who were assigned to a work release program, were ordered to clean up a four-by-four foot pool of blood in a cell where an inmate had attempted suicide. The inmate was known to be at risk for Hepatitis C. Plaintiffs were only given surgical gloves as protection. The brushes the prisoners were provided to scrub the blood from the floor, walls, and ceiling caused the blood to be flecked onto the prisoners' skin and into their eyes.

On January 23, 2008, the Court (Judge D. Brock Hornby) entered a Consent Order dismissing the case. The Order set strict policies for blood and other biohazardous material cleanup in the York County Jail, prohibited the jail from assigning any inmate to undertake clean-up of biohazardous material without express consent, appropriate training, and protective clothing. The Order is permanent.

Blase Kearney - 05/07/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Personal injury
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Medical/Mental Health
Hepatitis
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) York County
Plaintiff Description Inmates assigned to a work release program at the York County Jail Trusty Program
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - n/a
Case Closing Year 2008
Case Ongoing Yes
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
2:07cv00025 (D. Me.) 01/23/2008
JC-ME-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Press Release: MCLU Files Suit Over “Cruel and Unusual” Punishment - York County Jail Putting Lives of Inmates At Risk 02/20/2007
JC-ME-0006-0001.pdf | Detail
Third Amended Complaint 09/05/2007
JC-ME-0006-0002.pdf | Detail
Consent Order 01/23/2008 (D. Me.)
JC-ME-0006-0003.pdf | Detail
Consent Motion for Order 01/23/2008
JC-ME-0006-0004.pdf | Detail
Judges Hornby, David Brock (D. Me.) [Magistrate]
JC-ME-0006-0003 | JC-ME-0006-9000 | JC-ME-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brown, Rufus E. (Maine)
JC-ME-0006-0002 | JC-ME-0006-0004 | JC-ME-0006-9000
Heiden, Zachary L. (Maine)
JC-ME-0006-0002 | JC-ME-0006-0004 | JC-ME-0006-9000
Defendant's Lawyers Dunlap, Mark E. (Maine)
JC-ME-0006-0004 | JC-ME-0006-9000
Marchesi, Peter T. (Maine)
JC-ME-0006-0004 | JC-ME-0006-9000
Shaffer, Cassandra S. (Maine)
JC-ME-0006-9000
Wall, John J. III (Maine)
JC-ME-0006-0004 | JC-ME-0006-9000
Other Lawyers None on record

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