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  • Title: Nolley v. County of Erie.
    Author: U.S. District Court, W.D. New York.
    Journal: Fed Suppl; 1991 Oct 31; 776():715-44. PubMed ID: 11648225.
    Abstract:
    The U.S. District Court, Western District of New York, held that the Erie County Holding Center (ECHC) had violated an HIV-positive inmate's privacy rights under the U.S. Constitution and the New York Public Health Law by placing red stickers on the inmate's paperwork and belongings, and by segregating her from the general inmate population. The court reasoned that, pursuant to the federal Centers for Disease Control's recommendation that corrections staff take HIV precautions with all inmates, the ECHC's treatment constituted an unjustifiable isolation based solely on her HIV status. The court also held that the ECHC further violated the inmate's constitutional rights by denying her access to the law library and to religious services. Although the court found the inmate's incarceration conditions "deplorable," the conditions did not constitute "cruel and unusual punishment." The court also found no federal Rehabilitation Act violation because the ECHC did not receive federal financial assistance.
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