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Estate of Epileptic New Mexico Prisoner Settles for $1,250,000 by During the week of May 22, 2000, the estate of a deceased epileptic prisoner who was denied medical attention and then allegedly tortured and beaten by a jailer in the Taos County, New Mexico, jail settled prior to trial for …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Expert Testimony Fails to Prove Subjective Mental Intent of Psychiatrist by The Eleventh Circuit Court of Appeals held that expert testimony does not establish a psychiatrist's subjective mental intent in a prisoner's 42 U.S.C. § 1983 action alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. This …
Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict by John Dannenberg Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict by John E. Dannenberg A Los Angeles …
PLRA Requires Exhaustion of "All Available" Remedies by PLRA Requires Exhaustion of "All Available" Remedies The Eastern District of New York determined that prisoners must exhaust all available remedies under the Prison Litigation Reform Act (PLRA), 42 USC §1997e(a). Adam Abney, a New York state prisoner, was in his cell; …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
Prisoner May Assert Contract Beneficiary Claim When Attacked by Guards by The Second Circuit Court of Appeals held that a federal prisoner may have a valid claim as a beneficiary of a contract between the Federal Bureau of Prisons (BOP) and New York's Nassau County to house federal prisoners in …
Article • May 15, 2007
Los Angeles County Prisoner Hit With Clothes Settles For $50,000 by On January 2, 2002, Robert K. Moore, a former prisoner in a Los Angeles County (California) jail, settled his claim against the county for $50,000. Moore had alleged he suffered a scrotal hernia when a deputy sheriff hit him …
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …
Article • May 15, 2007
Restraint Chair Use Enjoined, Class Certified, $925,000 Settlement by The U.S. District Court for the District of California issued a preliminary injunction prohibiting use of the "Pro-straint" restraining chair and certified as a class all persons incarcerated during the lawsuit who were "subject to being restrained in the Pro-straint chair …
Summary Judgment of Eighth Amendment Claims Reversed by The U.S. Court of Appeals for the Tenth Circuit reversed and remanded the summary judgment of a prisoner's Eighth Amendment claim. Robert DeSpain, a Wyoming state prisoner, brought a civil rights action against prison officials alleging cruel and unusual punishment in violation …
Article • May 15, 2007
First Circuit Holds Higher Standard for Prison Riot Claims by The U.S. First Circuit Court of Appeals, affirming the U.S. District Court for the District of Puerto Rico, upheld dismissal of a former prisoner's complaint against Puerto Rican prison officials arising from an injury the prisoner received when guards tried …
Guard's Medical and Drug History Discloseable in Discovery by A Wisconsin federal district court held that a prisoner was entitled to receive in discovery a guard's medical and urine test report. This action was filed by a prisoner at Wisconsin's Green Bay Correctional Institution, alleging guards beat him. The magistrate …
Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death by Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death The Fourth Circuit Court of Appeals affirmed a District Court's grant of summary judgment dismissing a 42 U.S.C. § 1983 action alleging Eighth Amendment claims of deliberate …
Suit Against CCA Dismissed For Failure to Exhaust Administrative Remedies by In this civil rights action brought by two prisoners against Corrections Corporation of America (CCA) and several CCA employees, the U.S. Tenth Circuit Court of Appeals held the prisoners had not exhausted their administrative remedies as required by the …
Article • May 15, 2007
Tennessee Prisoner Not Responsible for Failure to Prosecute by On May 27, 2003, the Tennessee Court of Appeals reversed an order dismissing for failure to prosecute a prisoner's pro se lawsuit against the state. State prisoner Russell Wellington claimed that while imprisoned at the Riverbend Maximum Security Correctional Facility he …
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland, Oregon has paid $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Police Bureau. On August 22, 2002, President Bush visited Portland. As a Republican fundraiser was …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Article • May 15, 2007
Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule by Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule The Second Circuit Court of Appeals held a memorandum can be read into evidence under the exception to the hearsay rule for past recollection recorded, …
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