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No Immunity for Cop Who Shot Arrestee in Holding Cell by The plaintiff was arrested for DWI; while in a police holding cell, an officer shot him in the abdomen under disputed circumstances. The Fourteenth Amendment use of force standard is governed by the factors set out in Johnson v. …
Article • May 15, 2007
No One Liable in Jail Suicide of 16 Year Old by The plaintiff's 16-year-old grandson committed suicide in jail. He was placed in an observation cell and got lots of attention; after months he seemed better and was placed in general population after signing a "no-harm contract" pledging not to …
No Municipal Liability for Police Neck Breaking by A police officer broke the plaintiff's neck. The absence of specific directions about neck holds in the county's policy manual did not establish a policy of deliberate indifference. A single manual can't cover every possible police maneuver. The manual tells officers to …
Lack of Investigations of Police Misconduct Make City Liable by The plaintiff's claim of municipal liability for excessive force is supported by evidence (at 199) that Hartford does not take civilian complaints of excessive force seriously, as shown by a pattern of allowing complaints to molder and gray without adequate …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Article • May 15, 2007
City Not Liable for Police Acting on Unenforceable Arrest Order by The plaintiff brought suit after police officers acted on an unenforceable out-of-state custody order. The court affirms the finding of no municipal liability. At 645: "We agree that Plaintiffs were not required to prove a pattern of constitutional violation, …
$275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail by $275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail Plaintiff and Washington State prisoner Michael Shea fell in jail injuring his spine and causing permanent damage. He brought action against the City …
Article • May 15, 2007
Individual Defense Win Precludes Municipal Liability by A defendant's verdict as to individuals in a bifurcated trial forecloses any further action against the municipality under Los Angeles v. Heller (no discussion of possible exceptions to this rule). At 7: "There is, however, nothing to prevent a plaintiff from foregoing the …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
Article • May 15, 2007 • from PLN May, 2007
Washington DOC Pays $1.9 Million in Rape-Murder; County Escapes Liability by The Washington Supreme Court has held that Mason County had no duty to warn the public of a sex offender in the community, thus the County could not be held liable for negligence. The ruling came in a lawsuit …
Kentucky County Settles Prisoner Rape Suit for $1.4 Million by Grant County, Kentucky, has settled with a prisoner who was brutally raped in the county's jail for $1.4 million. The September 1, 2005, settlement was the largest to date in a series of similar lawsuits against the county. The victim, …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
Trial Required in Jail Beating by The court of appeals for the Eighth circuit affirmed in part, reversed and remanded in part a directed verdict in favor of jail officials. A pretrial detainee in the St. Louis Municipal jail in Missouri claimed he was beaten and punched by jail guards …
No Qualified Immunity for Failing to Protect Jail Prisoner by The court of appeals for the Third circuit held that jail officials were not entitled to qualified immunity for failing to protect a pretrial detainee from harm by other prisoners. The plaintiff was detained for traffic violations and placed in …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E Dannenberg Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E. Dannenberg The Sacramento County Superior Court ruled that the Sacramento County Jail's policy of strip-searching all detainees - regardless …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
Florida Jail Liable in Medical Neglect Death by PHS by Carol Ancata, personal representative of Anthony Ancata, deceased, and natural guardian of Tara Ancata, filed a lawsuit against Prison Health Services, Inc. (PHS), the Broward County Jail and the Sheriff of Broward County (defendants) for violating Anthony Ancata's Fourteenth and …
Article • May 15, 2007
US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability by US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability The US Supreme Court held that Municipalities are not qualifiedly immune from suit, and that the appellate courts do not have authority to …
New York County and Sheriff Liable For Illegal Strip/Body Cavity Search by A New York woman filed suit under 42 U.S.C. § 1983 after being arrested on misdemeanor charges and subjected to a strip/body cavity search at the jail. A U.S. district court granted Respondents' motion for summary judgment, 630 …
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