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Family Wins $12.9 Million Award in Michigan Jail Death Suit by Ronald Young By Ronald Young Eddie B. Swans Sr., the personal representative of the estate of Edward Swans, brought a 42 U.S.C. § 1983 civil rights action against the City of Lansing, Michigan. The Chief of Police Jerome Boles, …
Article • September 15, 2000 • from PLN September, 2000
No Qualified Immunity from ETS Exposure by The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Article • August 15, 2000 • from PLN August, 2000
$2 Million Awarded in IL Medical Neglect Suit by On February 2, 2000, a federal jury in Illinois awarded $2 million in damages to a prisoner blinded through medical neglect by prison officials. The damage award is believed to be the highest in a prisoner civil rights case in Illinois. …
Article • August 15, 2000 • from PLN August, 2000
$14,950 Awarded in NY Window Frame Suit by On September 17, 1999, the New York court of claims awarded the estate of Carmine Tarantino $14,950 for injuries Tarantino suffered at the Attica Correctional Facility when a window frame came loose and struck him on the head. Tarantino died of unrelated …
Article • August 15, 2000 • from PLN August, 2000
$7,500 Award in NY Window Injury by On November 8, 1999, the New York court of claims awarded $15,000 in damages to a New York state prisoner who cut his arm while opening a malfunctioning window. In 1990, Neil Henry, a prisoner at the Fishkill Correctional Facility in New York, …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Article • August 15, 2000 • from PLN August, 2000
$8,000 Awarded in NY Chair Collapse by On November 24, 1999, the New York court of claims awarded $8,000 in damages to New York prisoner Troy Benjamin. In 1995 while Benjamin was a prisoner at the Collins Correctional Facility, the back of the chair he was sitting in fell off, …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Article • July 15, 2000 • from PLN July, 2000
No Pretrial Appeals of Motions to Dismiss by The Eighth circuit court of appeals held that it had no jurisdiction to hear interlocutory appeals on issues other than qualified immunity. The court also held it will review FRCP 60(b) motions for abuses of discretion. Emmit Broadway was a pretrial detainee …
Article • July 15, 2000 • from PLN July, 2000
Individual Analysis Required for Diabetic Class Action Damage Award by Ronald Young By Ronald Young The court of appeals for the Third circuit held that the lower court erred in holding that all members of the plaintiff class past, present, and future of insulin-dependent diabetic prisoners alleged violation of their …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • July 15, 2000 • from PLN July, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson 112,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
Prison Working Conditions Protected by Eighth Amendment by A federal district court in New York held that fact issues existed as to whether a prison official was deliberately indifferent to a prisoner's health, and whether she was aware of unsafe working conditions. Since both situations fall within the purview of …
Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …
Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Article • May 15, 2000 • from PLN May, 2000
Texas Prison Dentist Settles Dentures Suit for $3,150 by Jon Michael Withrow In April, 2003, a state prison dentist settled for $3,150 a 42 U.S.C. § 1983 suit brought by a prisoner in the federal district court for the Eastern District of Texas, alleging that the dentist refused to provide …
Article • May 15, 2000 • from PLN May, 2000
$115,000 Settlement in Seattle Jail Strip-Search Suit by John E Dannenberg by John E. Dannenberg King County and the City of Seattle settled a wrongful strip-search suit for $115,000 on May 21, 2003 and also agreed to change strip-search policies at King County jails. Jasmine Wells and Brian Walton, college …
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