Dismissal of State-Created Danger Claim Reversed
by David M. Reutter
The Third Circuit Court of Appeals reversed a district court’s order dismissing a civil rights action that alleged the disclosure of a confidential informant’s status established a state-created danger in violation of his due process rights.
The suit at issue ...
Nebraska Court Awards Prisoner $267,000 in Failure to Protect Suit
by David M. Reutter
Following a bench trial, a Nebraska state court found prison officials were aware of threats to prisoner James M. Saylor but failed to take steps to protect him. Consequently, the court awarded damages and interest totaling ...
$266,653 Judgment in Lawsuit Challenging Alabama Prison’s Improper Sewage Discharge
by David Reutter
Following a settlement agreement between Black Warrior Riverkeeper (Riverkeeper) and Alabama Utility Services (AUS), a judgment was entered in a lawsuit that alleged the sewage treatment plant at the William E. Donaldson Correctional Facility (DCF) had discharged ...
New Jersey Pre-trial Detainee’s Mysterious Death Results in $650,000 Settlement
by David M. Reutter
$650,000 settlement was reached in a lawsuit filed by the estate of a prisoner who died at the Cumberland County Jail (CCJ) in New Jersey.
Steven C. Bell, 32, was arrested on New Year’s Eve 2007 ...
$1.35 Million Award in Montana Jail Prisoner’s Alcohol Withdrawal Death
by David M. Reutter
The Montana Human Rights Commission (MHRC) awarded $1.35 million for a pre-trial detainee’s death after finding county jail officials showed “discriminatory indifference” for failing to treat the prisoner’s alcohol withdrawal symptoms.
Allen J. Longsoldier, Jr., 18, ...
$1 Million for Medical Neglect Death of Wisconsin Jail Prisoner
by David M. Reutter
A Wisconsin federal jury awarded $1 million to the estate of a prisoner who died of a heart attack at the Racine County Jail (RCJ); the award came after the jury found jail officials were deliberately ...
$2.3 Million Jury Verdict in Florida Man’s Fatal Shooting by Deputies
by David Reutter
A Florida federal jury found the Marion County Sheriff’s Office and two of its deputies liable in a civil rights and wrongful death lawsuit.
The suit stemmed from the July 6, 2012 death of 21-year-old Joshua ...
$300,000 Settlement in EAJA Suit
by David Reutter
The Bureau of Prisons (BOP) agreed to pay $300,000 to settle a claim under the Equal Access to Justice Act for “Attorney’s fees, expert fees and costs” to challenge the BOP’s “Violation of its own rules and regulations.”
As reported in the ...
Due Process Requires Notice Prior to Court-Ordered Deduction from Prisoners’ Accounts
by David Reutter
The Third Circuit Court of Appeals held on August 14, 2014 that prison officials must provide due process before seizing funds from prisoners’ institutional accounts to satisfy fines, restitution and other costs assessed at sentencing.
Before ...
Former Prisoner Left Blind by Assault Obtains Reversal of FTCA Claim
by David Reutter
On August 11, 2014, the Seventh Circuit reversed the dismissal of a former prisoner’s Federal Tort Claims Act (FTCA) complaint alleging negligence by the federal Bureau of Prisons (BOP). The reversal required the Illinois federal district ...
