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Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Article • February 15, 2007 • from PLN February, 2007
MO Jail Guards Denying Seizure Medication amd Assigning Prisoner to Top Bunk May Violate 8th Amendment by The U.S. Court of Appeals for the 8th Circuit has reversed a federal district court?s grant of summary judgment to jailers who denied seizure medication to a prisoner, who then fell from a …
Article • January 15, 2007 • from PLN January, 2007
$214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner by A Michigan federal jury awarded a former prisoner $214,000 in damages for injuries caused by policies at the Grand Traverse County Jail that failed to assure she received her Dilantin. The plaintiff in this case, Amy Lynn …
Article • October 15, 2006 • from PLN October, 2006
Massachusetts Prisoner Awarded $60,000 For Electrical Shock by In March 2005, a jury in Suffolk County, Massachusetts, awarded $60,000 to a state prisoner who was shocked by a faulty light fixture in his cell. As Michael Paolillo arose from a nap to urinate in his prison cell, he placed his …
Article • May 15, 2006 • from PLN May, 2006
Laundry Slip and Fall Injury Reaps New York Prisoner $95,000 by Laundry Slip and Fall Injury Reaps New York Prisoner $95,000 A New York Court of Claims has awarded state prisoner Laurie Kellogg $95,000 for injuries sustained from a slip and fall accident in a laundry room at Bedford Hills …
Article • May 15, 2006 • from PLN May, 2006
West Virginia Prisoner Sued By Victims Mother Following $50,000 Award by West Virginia Prisoner Sued By Victims Mother Following $50,000 Award On August 16, 2005, state prisoner Mark Allen Harris was awarded $50,000 for facial injuries he sustained when he fell out of a jail van. Two days - later, …
Article • April 15, 2006 • from PLN April, 2006
Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi by Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsible for Negligence of Prisoner Laborers In an unpublished opinion, the Washington Court of Appeals held that a trial court erred in dismissing a …
Article • January 15, 2006 • from PLN January, 2006
Feres Doctrine Bars FTCA Actions by by Military Prisoners The Unites States Court of Appeals for the D.C. Circuit held that the Feres doctrine, adopted by the United States Supreme Court in Feres v. United States, 340 U.S. 135 (1950), bars suits brought under the Federal Tort Claims Act (FTCA) …
Article • November 15, 2005 • from PLN November, 2005
New York Prisoner Awarded $195,000 for Hand, Knee Injury by On October 6, 2004, a court of claims in White Plains, New York, awarded $195,000 to a state prisoner who fell in the shower, injuring her hand, and knee. While imprisoned at the Taconic Correctional Facility, prisoner Juliann Gibson slipped …
Article • May 15, 2005 • from PLN May, 2005
Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash by A Michigan prisoner has been awarded $376,525 for back injuries sustained in a prison van crash. Lorenzo Johnson, a 40-year-old state prisoner, was being transferred from one prison to another when the van he was riding in hit a …
D.C. Prisoner Receives $19,500 Settlement for Slip-and-Fall by The United States and the District of Columbia agreed on June 4, 2004, to pay Robert M. North $19,500 for injuries he received from falling down a set of stairs while handcuffed. North was arrested on Thanksgiving Day 2000 by Federal Marshals. …
Article • February 15, 2005 • from PLN February, 2005
Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle by Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle A superior court in Suffolk County, Massachusetts, awarded $20,000 to a man who sustained a knuckle fracture when a cell door was allegedly opened without warning. Plaintiff Gary Taylor, 47, was arrested for …
Article • February 15, 2005 • from PLN February, 2005
New Jersey Jail Guard Settles Elevator Fall Suit for $750,000 by On December 15, 2003, Global Elevator Technologies (GET), a company under contract with the Union County (New Jersey) Jail to provide elevator maintenance services, agreed to pay $750,000 to a guard who suffered back and knee injuries in a …
Nevada Prisoner Killed in Rec Yard Riot by Nevada Prisoner Killed In Rec Yard Riot On July 13, 2004, racial tension at the High Desert State Prison in southern Nevada erupted into a deadly riot. The fighting, reportedly between Blacks and Hispanics on the rock-strewn recreation yard, left one prisoner …
A Death in Custody: Massachusetts DOC Wracked by Scandal by Peter Costanza On August 23, 2003, the 26 men in Unit J-1 at SBCC, a "supermax" prison in Shirley, Massachusetts, were finishing lunch. It was just before noon. There was one guard in the unit, a prison guard named David …
New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental by Michael Rigby In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. …
Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams Administrative Remedies Deemed Unavailable Based On Physical Injury By Bob Williams The Fifth Circuit Court of Appeals has held that administrative remedies are unavailable when a prisoner has a physical injury which prevents filing a grievance and a subsequently …
Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials by Michael Rigby The United States Fifth Circuit Court of Appeals has vacated and remanded the jury verdict in a Texas prisoner's failure-to-protect suit because the prisoner had not provided evidence supporting a jury finding of deliberate indifference against prison officials. …
Article • May 15, 2004 • from PLN May, 2004
$252,000 Awarded in Kansas Prisoner's Suicide by The suicide of Scotty Ray Sisk, a prisoner at Kansas' Shawnee County Department of Corrections (KDOC) has resulted in an award of $252,000 to his parents. On July 6, 1999, Sharon Sisk called the prison and told guard Joel Manzanares that she thought …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
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