University of Michigan Law School
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Case Name Birowski v. Redman PC-DE-0004
Docket / Court 12402 ( State Court )
State/Territory Delaware
Case Type(s) Prison Conditions
Case Summary
In the 1980s, a group of inmates in the Delaware prison system filed suit in the Court of Chancery of Delaware against prison officials. Apparently the complaint was of the failure to provide substance abuse treatment. According to an opinion in later proceedings, eventually plaintiffs obtained ... read more >
In the 1980s, a group of inmates in the Delaware prison system filed suit in the Court of Chancery of Delaware against prison officials. Apparently the complaint was of the failure to provide substance abuse treatment. According to an opinion in later proceedings, eventually plaintiffs obtained pro bono representation from several lawyers and were able to settle with an agreement to provide a substance abuse treatment plan for inmates who comply with the rules and regulations of the facility. Birowski v. Redman, 1997 WL 383024 (Del. Ch. Feb. 21, 1997). This agreement was signed on February 18, 1992.

Later challenges by one of the plaintiffs were referred to masters (Kiger & Glasscock) who rejected the claims. 1997 WL 383024 (Del. Ch. Feb. 21, 1997); 2001 WL 1088759 (Del. Ch. July 18, 2001); aff'd Winward v. Redman, 793 A.2d 311 (Del. 2002

John Maksymonko - 07/25/2005


compress summary

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Issues and Causes of Action
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Issues
General
Rehabilitation
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Delaware Prison System
Plaintiff Description Prison inmates serving sentences under the control of the Department of Corrections
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1997 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 02/21/1997 (1997 WL 383024)
PC-DE-0004-0003.pdf | WESTLAW | Detail
Master's Report 07/18/2001 (2001 WL 1088759)
PC-DE-0004-0001.pdf | WESTLAW | Detail
Order 03/18/2002 (793 A.2d 311)
PC-DE-0004-0002.pdf | WESTLAW| LEXIS | Detail
Judges Berger, Carolyn (State Supreme Court)
PC-DE-0004-0002
Glasscock, Sam Court not on record
PC-DE-0004-0001
Kiger, Richard C. Court not on record
PC-DE-0004-0003
Steele, Myron T. (State Supreme Court)
PC-DE-0004-0002
Veasey, E. Norman (State Supreme Court)
PC-DE-0004-0002
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Wilson, Gregg E. (Delaware)
PC-DE-0004-0001 | PC-DE-0004-0003
Other Lawyers None on record

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