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Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
Article • November 15, 2001 • from PLN November, 2001
$522,458 Rebate Ordered in California Prisoner Phone Overcharges by John E Dannenberg The California Public Utilities Commission (PUC) ordered MCI Telecommunications Corp. (MCI) to offset $522,458 in overcharges it made between June 14, 1996, and July 12, 1999, on MCI California Maximum Security Calls (i.e., California prisoner collect calls) by …
Qualified Immunity Denied in Washington Rape of Transsexual Prisoner by The Ninth Circuit Court of Appeals has denied a Washington guard's claim of qualified immunity in sexually assaulting a transsexual prisoner. The Court also held the protection afforded by the Gender Motivated Violence Act (GMVA) extends to transsexuals, but upheld …
Article • October 15, 2001 • from PLN October, 2001
Jury Awards $5,000 to Beaten Texas Prisoner by A federal court in Texas has upheld a jury award of $5,000 to a prisoner who was beaten by a guard, denying the guard's motion for judgment as a matter of law. Daniel Glenn Ostrander, a Texas state prisoner, filed suit against …
Article • October 15, 2001 • from PLN October, 2001
Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial by A federal district court in Alabama held that a diabetic pretrial detainee's medical neglect claim required a trial to resolve, overruling the defendants' motion for summary judgment. Wendi Flowers, a severe diabetic, was arrested and booked in the St. Clair …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Brief • October 15, 2001
Hasan v. Contra Costa County, CA, Appeal Brief, Failure to Train Racial Discrimination, 2001 Nos. 01-15109,01-15448 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAEDHASAN, Plaintiff, v. CONTRA COSTA COUNTY, et aI., Defendants/Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA …
$350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated by John E Dannenberg AU.S. district court jury in Washington, D.C., awarded female D.C. Jail prisoner Sunday Daskalea $350,000 in compensatory damages and $5 million in punitive damages against the District and the Department of Corrections Director, Margaret Moore, for Daskalea's …
Article • September 15, 2001 • from PLN September, 2001
Six Month Denial of Exercise Presents Section 1983 Claim by An Illinois federal district court ruled that a prisoner's claim that he was denied out-of-cell exercise during a six month prison lockdown "present[ed] a cognizable claim despite the penological justification proffered by the defendants." The Court also ruled that Defendants …
No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
CCA Gets Tangled in Financial Quagmire by Ronald Young CCA Gets Tangled In Financial Quagmire Corrections Corporation of America said it is contesting an $8.1 million request for payment from Merrill Lynch & Company related to its hiring of the investment firm in late 1999 for advice on a company …
Summary Judgment Denied on BOP Excessive Force Claims by The Federal District Court in Kansas has denied summary judgment on a prisoner's claims of excessive force. The Court also held guards were not entitled to qualified immunity on these claims. In 1997, Felmon Laury was placed in the Special Housing …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
FPI Has Sovereign Immunity in Fraud Action by The D.C. Circuit Court of Appeals has held that Federal Prison Industries, Inc. (FPI) is entitled to sovereign immunity in a qui tam suit brought under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq. Gilbert W. Galvan, a federal …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Arizona Judgment Seizure Statute Upheld; Fees Protected by An Arizona appellate court has held that a state law allowing the Arizona Department Of Corrections (DOC) to seize 80% of all money won in prisoner lawsuits is valid under that State's constitution. Charles Holly, an Arizona prisoner, sued that State after …
Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review by John E Dannenberg by John E. Dannenberg Holding that a private corporation acting under color of federal authority may be sued under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, …
Trial Required in Pennsylvania Failure to Protect Suit by A federal district court in Pennsylvania held that summary judgment was precluded on a state prisoner's failuretoprotect claim. The court also held that prison officials were not entitled to qualified immunity. State prisoner Richard Pearson was stabbed six times by several …
$1.1 Million Awarded in Texas Restraint Chair Settlement by Ronald Young Nueces County, Texas, settled a $1.1 million lawsuit filed by the father of Andrew Sokolinski, a prisoner who died while strapped into a restraint chair at the Nueces County Jail. The county settled the lawsuit midway through an August …
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