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Sheriff's Delay Or Denial Of Detainee's Serious Medical Needs Ruled Sufficient To Defeat Summary Judgment Motion by The Fifth Circuit US Court of Appeals ruled that a sergeant's actions that resulted in delay or denial of medical care to a county jail detainee who subsequently died from alcohol withdrawal seizures …
Wyoming Prison Not Liable in Guard's Death by The court of appeals for the Tenth circuit upheld the dismissal of a § 1983 suit filed by the widow of a Wyoming prison guard killed by three escaping prisoners. The court held that the prison had no "special relationship" with the …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule by U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule The United States Supreme Court upheld the constitutionality of a federal statute prohibiting disclosure of certain highway safety documents as evidence in state or federal tort cases. The principal enunciated by …
Article • May 15, 2007
Use of Deadly Force Subject To Fourth Amendment Reasonableness Standard by The U.S. Supreme Court held that the use of deadly force in apprehending a fleeing suspect was a seizure under the Fourth Amendment and that a Tennessee law allowing police officers to use deadly force against a fleeing suspect …
Summary Judgment Precluded By Fact Issues in Jail Killing by The U.S. Court of Appeals for the First Circuit held that material issues of fact precluded summary judgment in favor of jail officials who were being sued by the family of a murdered prisoner. After William Arena Cortes was killed …
Dismissal of Suit Against Alabama County for Juvenile Suicide Reversed by The Supreme Court of Alabama held that a circuit court erred when it dismissed a suit against the county stemming from a juvenile's death in county jail. Charles Keeton brought suit against Fayette County on behalf of his juvenile …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Article • May 15, 2007
Minnesota Supreme Court: Comparative Fault Analysis Inappropriate in Jail Suicide Case by Minnesota Supreme Court: Comparative Fault Analysis Inappropriate in Jail Suicide Case by Matthew T. Clarke The Minnesota Supreme Court (MSC) has held that it is inappropriate to perform a comparative fault analysis in the case of a prisoner …
Prison Doctor's Lack of Knowledge Does Not Constitute Deliberate Indifference by The Ninth Circuit U.S. Court of Appeals held that a Hawaii prison doctor's medical malpractice resulting in the death of a prisoner, while demonstrating negligence, did not rise to the level of "deliberate indifference" to establish Eighth Amendment cruel …
Article • May 15, 2007
Prison Stabbing Violates Eight Amendment by The Sixth Circuit has held that a prisoner's Eighth Amendment rights were violated when he was stabbed to death while prison guards watched and did not render assistance. Prisoner Jerry Fails was working as a janitor at the Tennessee State Penitentiary when he was …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged by Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged The U.S. Sixth Circuit Court of Appeals affirmed denial of qualified immunity to the director of the Michigan Department of Corrections (MDOC) in a complaint brought by the father …
D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
$6,285,436 Awarded In Washington Parolee Wrongful Death Suit by In 1997 a Pierce county Superior Court Jury in Washington awarded $6,285,436 to Sylvia McFarland for the wrongful death of her 17 year old daughter Meeka Willinham. On August 19, 1994, a man named Johnny Robert Eggers entered Meeka's bedroom and …
$6,798 Paid for Injuries Sustained in Washington Riot by James C. Cobb and Carvell Gardner, McNeil Island prisoners, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1992, that resulted in a riot that caused death to one prisoner and unspecified to severe injuries to …
Article • May 15, 2007
$250,000 Settlement In Washington Parolee Wrongful Death Suit by In 1996 the Washington State Department of Corrections gave Bruce J. Bauer a $250,000 settlement for the death of his father by a parolee. In 1994 Donald W. Sherman, killed Lester E. Bauer, M.D., in Las Vegas, Nevada. Donald Sherman was …
Article • May 15, 2007
$100,000 Paid in Murder Committed by Negligently Supervised WA Parolee by Dexter Villa was shot in the head and killed by Washington parolee Nathan Brightman. Villa's wife filed suit in Pierce county superior court alleging the Washington Department of Corrections failed to implement and enforce an appropriate parole plan to protect the …
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