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City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Article • May 15, 2007
No Liability for Untreated Cancer Death Claim by The decedent was imprisoned after he was diagnosed with widespread testicular cancer; he had two rounds of chemotherapy and was brought into remission each time. After his imprisonment, the cancer reappeared and his doctor advised immediate commencement of "salvage chemotherapy" (within five …
Article • May 15, 2007
City Liable for Jay Walker Being Shot 14 Times by Cop by A statement by one police officer that the defendant officer who shot the plaintiff's decedent was "known to use 'heavy handed' tactics with citizens and was 'out to perform [his] job overzealous[ly] with prejudice towards people" and that …
AIDS Death Complaint Dismissed After Three Amendments by The decedent died of AIDS in prison. He was diagnosed on July 31, 1996 with Hepatitis C with symptoms corresponding to initial manifestations of AIDS; tests were ordered, he was referred to the health educator, and was told to come back to …
Article • May 15, 2007
No Liability for Medical Neglect Death of Mental Patient by The plaintiff, involuntarily committed to a civil mental hospital, suffered from chronic obstructive pulmonary disease. She was prescribed clozapine, which presented risks for someone in her condition and also caused weight gain, which further aggravated the risk. Her problems were …
No One Liable in Jail Prisoner's Mysterious Death by The decedent, a 39-year-old homemaker, dropped her kids off at school, then was arrested for driving while drugged because she was having difficulty speaking and walking. A few hours later she was found strangled to death. Nobody knows who did it …
Article • May 15, 2007
Alabama County Commission Responsible for Jail Conditions by The decedent died in jail, allegedly because of a failure to provide adequate medical care, not described. Punitive damages cannot be awarded against the county under § 1983 or under state law. The County Commission cannot be held liable under state law …
Article • May 15, 2007
Michigan County Settles Suicide Suit For $150,000 by In January 1997, Eaton County, Michigan, paid $150,000 to settle with the estate of a woman who committed suicide in the county jail. While imprisoned in the Eaton County Jail in January 1995, Mullins, a wife and the mother of four minor …
Article • May 15, 2007
Meningitis Death In Racine County, Wisconsin, Jail Settles For $383,000 by According to a report published by Wisconsin Jury Verdicts on November 1, 2004, a lawsuit involving the death of a 21-year-old prisoner it the Racine County Jail settled for $383,000. From the sketchy details in the case, the prisoner …
Article • May 15, 2007
No Liability in Jail Prisoner's Medical Neglect Death by The decedent was found unconscious in his cell. Staff attempted mouth-to-mouth resuscitation, and a physician's assistant attempted "full CPR." The decedent was transferred by ambulance to a hospital, where he was pronounced dead. The cause of death was toxic diffuse goiter. …
Court Denies Jail Staff Motion to Dismiss in Death Suit by The plaintiff sued over the decedent's death in jail. A nurse, a doctor, and a private medical provider moved for a more definitive (sic) statement, asserting that language in the complaint such as "inter alia" and "is not limited …
SICK ON THE INSIDE: Correctional HMOs and the Coming Prison Plague by By Wil S. Hylton When David Hannah walked into a small office on the second floor of the Moberly Correctional Facility in Moberly, Missouri, last fall, carrying his belly like a hundred-pound sack of sand, the staff knew …
133 Prisoners Killed in Dominican Republic Prison Fire by A fight between rival gangs for control of a Dominican Republic prison resulted in a fire that killed 133 prisoners. Prisoners caused the blaze by setting ablaze their pillows and sheets. Attempts to rescue them were thwarted by a jammed door. …
Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
Article • May 15, 2007
Cover Up of Police Misconduct May Violate Court Access Rights by Allegations that after a drunken police officer ran over the decedent, other police officers conspired to select a sobriety test the officer might beat, delayed administration of the test, intimidated witnesses, and destroyed material evidence at the crime scene, …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
City Liable when Informant Killed by City Liable When informant Killed A prisoner's wife sued the Muskogee, Oklahoma city/federal jail under § 1983 for failing to protect her husband, an informant killed by jail prisoners. Plaintiff's husband was convicted but not yet sentenced. Case went to trial and jury awarded …
No Right to Medical Care beyond that Given by Prison by No Right to Medical Care Beyond that Given by Prison The court of appeals for the Ninth circuit held that a Washington prisoner who died of a heart attack had no constitutional right to medical care beyond that given …
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