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Article • May 15, 2007
Videotaping States Claim, District of Columbia Can be Sued Under §1983 by Videotaping States Claim, District of Columbia Can be Sued Under §1983 The U.S. District Court for the District of Columbia held that the District of Columbia could be sued under 42 U.S.C. §1983 and that prisoners' allegations of …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
Texas County Liable in Juvenile's Jail Suicide by A Texas federal District Court held that Harris County can be held liable in the suicide of a teenager at the County's Juvenile Detention Westside Command Center, known as Delta 3 Boot Camp. The juvenile had threatened on several occasions over his …
$380,000 Award Against Louisiana Sheriff and Deputy Upheld in Jail Rape Case by The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Plaintiff, a white male, filed a §1983 …
Alabama Sheriffs Entitled to Immunity in §1983 Actions by The U.S. Supreme Court held that Alabama sheriffs were officials of the state rather than the county and therefore entitled to immunity in §1983 actions. An Alabama prisoner who had been sentenced to death had his conviction overturned and subsequently brought …
Article • May 15, 2007
Connecticut: Suit Over Prisoner's Suicide Settles for $450,000 by In this case published by the New England Jury Verdict Review & Analysis in February 1994, the estate and brother of a prisoner who committed suicide in the Southington, Connecticut, jail apparently settled their claims for $450,000. According to the plaintiffs, …
Article • May 15, 2007
Punitive Damages Cannot be Imposed Against Municipality by The U.S. Supreme Court held a municipality may not have punitive damages imposed against it in a 42 U.S.C. § 1983 action. This action was initiated against city commissioners and the City of New Port, Rhode Island, after the commissioners violated a …
Article • May 15, 2007
Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action by A construction company tired to build a Volusia County branch jail in Daytona Reach, Florida, was awarded $2,300,677 for extra work the company was required to perform and for the outstanding balance on the contracted construction price. Plaintiff Noonan-South, …
Article • May 15, 2007
Florida: Assaulted Escambia County Prisoner Awarded $1,000,000 by In this case published by the Florida. Jury Verdict Reporter in October 1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who suffered organic brain damage and paralysis after being attacked by another prisoner in an. Escambia County jail. In …
Illinois Jail Prisoner Beaten By Gang Members Awarded $775,000 by On July 24, 2003, a federal jury in Chicago, Illinois, awarded $775,000 to a man who was beaten by gang members while imprisoned in the Cook County Jail. Plaintiff Stanley Jones, 57, claimed that on March 7, 1999, CCJ jailers …
$98,500 Settlement In Jail Negligence Suit-Prisoner Beating by Darrin Rydberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was incarcerated …
Article • May 15, 2007
$334,432 Award for Woman Raped In Georgia Jail by In December 1992, a federal jury in Fulton County, Georgia, awarded $334,432 to a woman who claimed she was raped by a guard while imprisoned in the Forest Park city jail. The plaintiff, Mary Isdell, claimed that while imprisoned in the …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
District Court Vacates KS Jury Verdict of $500,000 in Jail Beating by The plaintiff alleged that he was beaten by jail staff and sued the county and individual officers; he dropped the latter and obtained a jury verdict of $500,000 against the county. Undisputed testimony showed that the officers were …
$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
Attempted Rape by Cop States Claim by The plaintiff alleged that the defendant police officer stopped him, conducted an unlawful pat down search, handcuffed him, took him to a remote location, and tried to sodomize him. The allegations state a constitutional claim under the Fourth Amendment's protection against unlawful searches …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
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