Legislator Case Law & Legislation
II Kow 981/21 AI generated

Prison director's refusal to allow a fan in a cell is dismissed due to lack of written justification and failure to address medical needs.

Case Number II Kow 981/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ordered the prison director to revoke the decision denying the inmate a cell fan and to retry the case. The inmate argued that extreme heat and hypertension required the device, while the administration claimed it lacked basic equipment and failed to provide written reasons. The court ruled that the decision was invalid because it offered no written justification regarding safety or order and completely ignored the inmate's medical complaints.

Legislator headnote

AI generated

Art. 110a § 2 k.k.w.; The prison director's refusal to grant an inmate a personal device is invalid if the decision lacks written justification regarding security or order and fails to consider the inmate's specific medical needs.

Keywords

AI generated
prison cell ventilation inmate medical needs administrative decision written justification prison security order healthcare verification procedural fairness

Cited Legislation

AI generated
art. 7 § 5 kkw P
art. 110a § 2 k.k.w
rozporządzenie Ministra Sprawiedliwości z 13.08.2003 roku
AI generated

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