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Article • December 15, 2009 • from PLN December, 2009
$2.2 Million Settlement: Murder by Washington State Community Service Releasee by On October 17, 2008, the State of Washington settled a lawsuit brought by the survivors of a man killed by a man on community supervision for $2.2 million. Andrew J. Brown, a state prisoner in Washington State, was convicted …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Article • November 15, 2009 • from PLN November, 2009
$395,000 Settlement in Los Angeles Jail Prisoner’s Lung Infection Death by The Los Angeles County Sheriff’s Office paid $395,000 to settle a lawsuit claiming it provided inadequate medical treatment to a prisoner, causing his death. The claim was brought by the estate of Michael Buford. When Buford, 32, was arrested …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Privatized Prison Medical Care in Mississippi Still Problematic by David Reutter by David M. Reutter Anyone looking for evidence that privatized prison health care is a complete failure need look no further than Mississippi. In 2001, the per capita death rate for Mississippi prisoners was around the national average. By …
Revised List of ICE Detainee Deaths Still Incomplete, Updated Again by Mark Wilson At least 92 detainees died in immigration detention facilities between October 2003 and February 2009, according to an updated list compiled by Immigration and Customs Enforcement (ICE). The list, which was obtained by the New York Times …
Article • November 15, 2009 • from PLN November, 2009
Florida Jail Death Ruled a Homicide; Investigations Pending by The Florida Medical Examiner’s Office called the March 31, 2009 in-custody death of 62-year-old Nicholas Christie at the Lee County Jail a homicide, finding that restraint methods and pepper spray were contributing factors in his death. “You could tell immediately there …
Brief • October 28, 2009
In Re Woodman, MA, Export Report, Wrongful Death Police Excessive Force, 2009 Report on the Death of David J. Woodman Appointed by Boston Police Commissioner Edward Davis Submitted by: Donald K. Stern Barry W. Mawn Nancy J. McGillivray Jennifer L. Stewart October 28, 2009 Acknowledgements The death of David 1. …
New York City Liable for Foreseeable Prisoner-on-Prisoner Murder by The Appellate Department of the New York Supreme Court held that because New York City (NYC) jail guards escorting a prisoner had “actual knowledge” of his previous violent assaultive behavior, they could not evade liability for the prisoner’s act of murdering …
$1.95 Million Settlement in Michigan Man’s Taser Death by Michigan’s Shelby Township has paid $1.95 million to settle a lawsuit that claimed police used excessive force by using a Taser that resulted in a man’s death. Police confronted Steven Spears, 49, on August 4, 2007, after receiving a 911 call …
Texas Prisoners Still Dying in Houston Jails, Among Other Problems by Gary Hunter Clarence Freeman’s hot check turned out to be his death warrant after it resulted in his arrest and incarceration at the Harris County Jail in Houston, Texas, where he was fatally assaulted by a guard. On New …
Maine Prison in Turmoil by Lance Tapley By the time Warden Jeffrey Merrill revealed on June 3 that three Maine State Prison employees had been put on paid leave as a result of a state police investigation of an inmate’s death in April, probes of corruption and other issues at …
$500,000 Settlement for Fatal Beating of Phoenix Jail Prisoner by Matthew Clarke by Matt Clarke On June 3, 2009, the Maricopa County (Arizona) Board of Supervisors voted 4-0 to settle for $500,000 a lawsuit brought by survivors of a man beat to death in the Fourth Avenue Jail of the …
First Circuit Upholds $3.1 Million FTCA Award Against FBI for Revealing Informant by On October 16, 2008, the U.S. Court of Appeals for the First Circuit upheld a $3.1 million award under the Federal Tort Claims Act (FTCA) to the family of an informant whose identity was released by an …
Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against by On March 11, 2009, at approximately 9:15 p.m., Paul David Duran, Jr., 23, a prisoner at the Oklahoma State Penitentiary (OSP) in McAlester, was found beaten to death fifteen minutes after being locked in a cell with …
Violence on the Rise in Arizona Prisons by David Reutter by David M. Reutter The level of violence in Arizona prisons is increasing – at least that is the conclusion to be drawn from recent reports. In 2008 alone there were four homicides in the state’s prison system, and with …
Article • September 15, 2009 • from PLN September, 2009
No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died by The U.S. Court of Appeals for the Eighth Circuit has affirmed a denial of qualified immunity for three Greene County, Arkansas jail guards accused of violating a prisoner’s Eighth Amendment rights. On January 4, 2002, Phil …
$112,500 Settlement in Kitsap County Jail Wrongful Death by Washington State’s Kitsap County Jail paid $112,500 to settle the lawsuit of the estate of Desiree Wilson, who hanged herself with a bed sheet tied to the smoke detector in her cell on April 22, 1997. Her death left her 4-year-old …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
Article • September 15, 2009
$51,000 Settlement in Seattle Jail Prisoner’s Death by Washington State’s King County Jail paid $51,470.37 to settle a lawsuit stemming from the April 6, 2004 death of prisoner Wade S. Brown, who advised jail officials upon booking that he had heart problems that required prescribed medications. Despite that information during …
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