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Article • February 15, 2009
$20,000 Settlement After Citizen Falls At Federal Medical Center by Missouri resident Wealtha Liggins brought a federal tort action against the United States in 1996 after she fell at the Federal Medical Center (FMC) in Kentucky. The $500,000 suit settled for $20,000. Liggins was a guest at the FMC in …
$40,000 Settlement After BOP Employee Causes Automobile Accident by West Virginia resident Lillian Poindexter brought a federal tort action in 1997 against the U.S. Department of Justice (DOJ), the Federal Bureau of Prisons (BOP) and federal agent Mari Higgins after being struck by Higgins' vehicle. The $139,000 suit settled for …
$50,000 Settlement In Memphis Policeman's Training Injury by Memphis (Tennessee) policeman Michael Cockerell and his wife Linda brought a federal tort action against the United States in 1999 after he fell during an obstacle course training exercise at a federal facility. The $1,500,000 suit settled for $50,000. Cockerell was training …
$125,000 Settlement In BOP Guard Induced Prisoner's Death by Parents of deceased ex Kentucky federal prisoner, Marcus Dascenzo, brought a federal tort action against the United States in 2002 after a guard's failure to treat their son resulted in his death. After the Department of Justice's initial refusal to pay …
$185,000 Settlement For Man Needlessly Beaten By Seattle Police by Seattle resident Maikoiyo Alley Barnes (plaintiff) brought a 42 U.S.C. § 1983 action against Seattle police after being beaten in 2005 for questioning a sergeant's motives to ticket his friend for littering. The suit settled for $185,000. The plaintiff questioned …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Article • February 15, 2009 • from PLN February, 2009
Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff by Supreme Court of Canada: No Wage Loss Compensation While in Prison Caused by Sexual Assault by Staff On February 8, 2008, the Supreme Court of Canada ruled that a prisoner cannot recover …
Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers by On April 17, 2008, a Georgia federal court granted a prisoner summary judgment and nominal damages in a lawsuit over a jail policy that barred prisoners from receiving books, newspapers and magazines. David Robertson was incarcerated in …
No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor by John Dannenberg No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor by John E. Dannenberg The Washington Water Jet Workers Association (“Water Jet”) sued the Washington Department of Corrections (WDOC), …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Florida Prison Employees Awarded $630,000 for Subjection to Prisoner “Gunners” by Florida Prison Employees Awarded $630,000 for ?Subjection to Prisoner “Gunners” On May 15, 2008, a federal jury awarded $45,000 to each of 14 former female employees at Florida’s Martin Correctional Institution, finding the women had been subjected to lewd …
Article • January 15, 2009 • from PLN January, 2009
$5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail by $5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail An estimated 11,000 Doña Ana County Detention Center detainees who were illegally strip searched between March 7, 2003 and March 7, 2006 have settled their …
Article • January 15, 2009 • from PLN January, 2009
$7,025 Award in Slip and Fall From Ohio Prison Bunk by $7,025 Award in Slip and Fall From Ohio Prison Bunk The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell …
Article • January 15, 2009
$200,000 Verdict Awarded to Citizen Who Tripped and Fell on Jail Property by A New York state court jury awarded a woman $200,000 in total damages for injuries incurred after she tripped and fell on the side walk in front of a New York City Jail. The 62-year-old woman, who …
Article • January 15, 2009
Virginia Guard Injured in Prison Transport Van Accident Settles for $200,000 by A Virginia State jury awarded $250,000 to a guard who was injured while driving a prisoner transport van. While transporting several prisoners, the van driven by guard Ralph P. Tolbert was hit by a car that drove out …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
Prisoner Transferred Under ICC May Sue Under Diversity Jurisdiction by On April 24, 2006, the Tenth Circuit Court of Appeals held that a prisoner who had been transferred from Florida to Kansas may remain a citizen of Florida and still sue Kansas prison officials in federal court for violations of …
Article • December 15, 2008
ARE FALSE IMPRISONMENT RECOVERIES TAXABLE? by Robert Wood By Robert W. Wood* News stories about prisoners released from custody following the discovery of exculpating evidence have become commonplace. As CSI fans will attest, one path that can lead to this result involves DNA evidence, a relatively recent scientific phenomenon.1 A …
Article • December 15, 2008 • from PLN December, 2008
CMS Insurer Must Pay Wyoming Suicide Settlement by CMS Insurer Must Pay Wyoming Suicide Settlement The Tenth Circuit Court of Appeals has held that an insurer is required to indemnify Correctional Medical Services (CMS) for an incident that occurred prior to CMS obtaining the insurance policy. The Court’s ruling came …
Article • December 15, 2008 • from PLN December, 2008
$4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David Reutter $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David M. Reutter An Illinois federal jury awarded $4.45 million to the mother of a prisoner who died at the Cook County Jail. The …
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