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Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
Qualified Immunity Denied In Use Of 5-Point Restraint by A Federal District Court in Virginia has held that prison officials are not entitled to qualified immunity on excessive force, racial discrimination, and due process claims rising from use of 5-point restraints. Trini Davis, a prisoner at Wallens Ridge State Prison …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
Illinois: No Parental Immunity for Residential Child Care Institution by In this wrongful death suit, the Supreme Court of Illinois held that parental immunity did not extend to a residential child care institution. Twelve-year-old Waketta Roy Wallace (Roy), a ward of the Illinois Department of Children and Family Services, was …
Texas Woman Fired For Reporting Abuse Awarded $202,000 by On July 14, 2004, a district court in Harris County, Texas, awarded $202,000 to a woman who was fired for reporting a guard's abuse of a juvenile. While imprisoned at the Harris County juvenile probation department's Burnett Bayland Reception Center on …
Article • May 15, 2007
Maine Prisoner Subjected to Excessive Force Awarded $30,000 by On October 3, 1997, a federal jury in Bangor, Maine awarded a state prisoner $30,000 in punitive damages and $2.00 in nominal damages. The prisoner had claimed he was subjected to excessive force by two guards at the state's supermax prison …
Article • May 15, 2007
Massachusetts Arrestee Subjected to Unjustified Force by The U.S. District Court of Massachusetts determined that a cooperative arestee, who informed Barnstable police officers of shoulder injury, was the subject of unjustified force which precluded summary judgment. Michelle Aceto was arrested at her home for a thirteen year old traffic ticket. …
Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment by Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment The United States District Court for the Western District of New York held that summary judgment of a prisoner's civil rights claim against New York prison officials …
Virginia Jail Acted Under Color Of State Law For § 1983 Purposes by Virginia Jail Acted Under Color Of State Law For § 1983 Purposes The United States District Court for the Eastern District of Virginia held that a jail had acted under color of state law for purposes of …
Article • May 15, 2007
Wrongful Death, Arrest of New Mexico Epileptic Settles For $1,250,000 by During the week of May 22, 2000, Taos County, New Mexico, settled for $1.25 million a wrongful death lawsuit alleging, among other things, false arrest, excessive force, and denial of medical care. Joaquin Gonzales, 42, had an epileptic seizure …
Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated by Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated The U.S. Sixth Circuit Court of Appeals, vacating a Tennessee federal district dismissal, reinstated a prisoner's civil rights lawsuit against TransCor America for Eighth Amendment violations. Juan Castillo, a …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Article • May 15, 2007
Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action by Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action On April 4, 1990, the U.S. District Court for the Western District of Missouri awarded $16,000 to a prisoner who was shackled to a bed and beaten by guards at the …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Article • May 15, 2007
Prisoner Convicted of Self-Inflicted Gunshot Wound by Georgia's Fourth Division Court of Appeals has confirmed a conviction against Deiante Walton for possession of a weapon and criminal use of a firearm with an altered identification number. While detained at Georgia's Wilkes County Jail, Walton conceived a plan he hoped would …
Article • May 15, 2007
Ninth Circuit: Excessive Use of Force in Cell Extraction Defeats Qualified Immunity by John Dannenberg by John E. Dannenberg In an unpublished opinion, a divided panel of the Ninth Circuit U.S. Court of Appeals held that the excessive use of force in a cell extraction violated a resisting prisoner's Eighth …
Article • May 15, 2007
Supreme Court Issues Use Of Force Standard In Riot Cases by The U.S. Supreme Court held that the shooting of an Oregon prisoner by prison officials during a security action did not violate his Fight Amendment rights. The prisoner filed suit under 42 U.S.C. Section 1983 alleging that he was …
Article • May 15, 2007
Secretary Error Allows for Late California Tort Claim by California's Third Appellate District has held that a trial court abused its discretion in denying a prisoner's motion for leave to file a late government tort claim. Before the Court was the appeal of Manuel Renteria, who sought to pursue a …
Article • May 15, 2007
Montana Juvenile Prisoners' Files Disclosable for Purposes of Litigation by The plaintiffs were 16 Montana state juvenile prisoners. For litigation purposes, their lawyer requested from the Pine Hills Youth Correctional Facility (P.H.Y.C.C.) certain of the plaintiffs' personal records, including those regarding the use of pepper spray on the plaintiffs. P.H.Y.C.C. …
Article • May 15, 2007
NY Mentally Jail Ill Prisoner Beaten By Guard Wins $500,000 by Plaintiff, a 33-year-old mentally ill man identified only as Donovan, was repeatedly beaten by a guard named Gemelli at the prison in Nassau County, New York. His ribs and one vertebra were broken. He sued Gemelli and Nassau County …
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