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Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
Loaded on Feb. 15, 2010
published in Prison Legal News
February, 2010, page 55
The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this case involved a claim of deliberate indifference to a prisoner’s serious medical needs.
Filed under:
Medication,
Seizures,
Civil Procedure,
New Trial Motions,
Appeals,
Municipal Liability.
Location:
Michigan.
In January 2003, …
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More from this issue:
- Swine Flu Widespread in Prisons and Jails, but Deaths are Few, by David Reutter
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- From the Editor, by Paul Wright
- Preventable Sacramento County Jail Death Costs Taxpayers $1.45 Million, by David Reutter
- Free Rent for Some Washington State Parolees
- A New Look at a Very Old Subject: The Uniform Collateral Consequences of Conviction Act, by Margaret Colgate Love
- Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath
- Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware, by David Reutter
- Army Prisoners Isolated, Denied Right to Legal Counsel, by Dahr Jamail
- Freedom Forum CEO Charles Overby’s Dark History with Corrections Corporation of America, by Beau Hodai
- Three Florida Guards Charged in Prisoner’s Beating, by David Reutter
- Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members
- Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional, by Matthew Clarke
- $6,000 Settlement in Illegal Arrest of Washington State Probationer
- Denial of Medical Care Causes Two Riots at GEO Group Texas Prison, by Matthew Clarke
- Special Treatment for Jewish Prisoners, Rappers Leads to Employee Discipline, Resignations at New York Jails, by Gary Hunter
- Maine Prison System’s Board of Visitors: Secret, Unaccountable and Co-Opted, by Lance Tapley
- Rikers Guards Charged With Using Juvenile Prisoners to Run Extortion Ring, by Gary Hunter
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, by Bob Williams
- Homelessness a Significant Problem for Released Prisoners, by John Dannenberg
- Department of Justice Releases Arrest-Related Death Statistics, by Matthew Clarke
- Arizona Prisoner, Abandoned in Outdoor Cage, Bakes to Death, by Gary Hunter
- Massachusetts Sex Offender Registry Board Member Brags About Bias
- Prison Supervisors Can be Liable for Guard’s Sexual Abuse, by David Reutter
- False Sense of Security: The Real Cost And Benefits Of The Adam Walsh Act, by Brandon Sample
- One of Every 11 Prisoners Now Serving Life Sentence, by Bob Williams
- Wisconsin Enacts New Early Release Law, by Matthew Clarke
- California Parents and Guardians Assessed Fees to Offset Juvenile Detention Costs, by Michael Brodheim
- $245,000 Settlement in Michigan Jail Prisoner’s Death
- $325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit
- Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000, by Matthew Clarke
- PLN Prevails in Connecticut FOI Case; City Appeals, by Alex Friedmann
- Ohio Inspector General Finds Wrongful Acts by Prison System’s Assistant Director, by Matthew Clarke
- Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison
- Settlement in Idaho Jail Condition Class-Action Suit, by Matthew Clarke
- $2.1 Million Award in Excessive Force Death of California Prisoner
- Wyoming’s Prison Industry Mushroom Farm Sold at Auction, by Matthew Clarke
- Settlement Promises Improvements at Baltimore City Jail, by Matthew Clarke
- Jury Awards $6,500 to California Prisoner for Negligence, Deliberate Indifference by Doctor
- Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part
- Ineligible Texas Prisoners Receive Federal Stimulus Checks, by Jimmy Franks
- Exposure to Freezing Cold More than De Minimis in Texas Retaliation Case
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- News in Brief:
- Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
- Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida
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- Medical Audit at New Mexico Jail Once Again Finds Poor Level of Healthcare, March 1, 2026. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Contagious Disease -- Misc., Staffing.
- Los Angeles County Restricts Opioid Treatment, Feb. 1, 2026. Medication, Systemic Medical Neglect, Failure to Treat, Drug Overdose, Drug Treatment/Rehab.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- $2.75 Million Paid by Washington County and NaphCare for Death of “Floridly Psychotic” Detainee Left Untreated in Jail for Months, Jan. 1, 2026. Naphcare, Medication, Systemic Medical Neglect, Failure to Treat (Mental Illness), Deliberate Indifference.
- Sixth Circuit Affirms Denial of Qualified Immunity to Jail Nurses in Suit Arising from Prisoner’s Death, Dec. 1, 2025. Medication, Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Deliberate Indifference.
- Second Circuit Vacates Finding that Prisoner Failed to Exhaust Administrative Remedies; Remands Conditions of Confinement and Due Process Claims, Dec. 1, 2025. Totality of Conditions, Failure to Protect (General), Administrative Exhaustion (PLRA), Municipal Liability, Ad-Seg Hearings.

