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Article • May 15, 2007
Fourth Circuit Vacates Maryland Beating Verdict by The Fourth Circuit Court of Appeals has reversed a jury's verdict finding guards at the Maryland Correctional Adjustment Center violated a prisoner's Eighth Amendment rights by using excessive force on him. Quinten X. Jackson claimed guards used excessive force on him in two …
$641,000 Settlement In Beating Death Of Alabama Jail Prisoner by Following the death a man who was allegedly beaten by jailers in a Montgomery, Alabama, jail, the City settled with the man's estate for $641,000. The decedent was arrested in June 1997 for fondling a 10-year-old girl and imprisoned in …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
Article • May 15, 2007
No Municipal Liability for Police Beating by The plaintiff complained of excessive force during the booking process at a police station. An officer thought he had tried to kick a second officer when told to pick up his feet, and knocked him down and then hit him in the face …
Article • May 15, 2007
Brutality Case Against Kansas Jail Dismissed by The plaintiff complained of excessive force. At 1245: "Jail officials are given some latitude in dealing with disruptive inmates." "On the other hand, jail officials may not use a disruption as an excuse for exercising unfettered and unjustified force." Here the only evidence …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
Stun Gun Claim Properly Exhausted by Defendants said plaintiff's grievances were rejected because he didn't first file an informal grievance, so he hadn't exhausted. The plaintiff said he did indeed file an informal grievance, and he produced a copy. Also he produced his copy of the second grievance, which showed …
Seventh Circuit Reverses Dismissal of Race/Exposure Claims by In an unpublished order, the Seventh Circuit Court of Appeals reversed the dismissal of an Illinois prisoner's racial discrimination and pepper spray exposure claims. Illinois prisoner Johnnie Flournoy brought suit in federal court asserting several unrelated constitutional violations. The district court dismissed …
Article • May 15, 2007
Texas Jury Verdict Finds Civil Rights Violations but Awards $0 for Assault by Texas prisoner Frank Guerro was assaulted on December 2, 1995, by prison guard Antonio Torres, who stuck Guerro, causing a large and painful bruise to his right ribs. He also alleged other guards assaulted him on December …
MA Mental Health Patient Wins Over $1.5 M for Beating by Hospital Staff by On August 12, 1993, Jason Davis, a Massachusetts state mental health patient at the Westborough State Hospital left without permission and drank an undisclosed amount of alcohol. He was found later that day and returned to …
Defense Verdict in Illinois Brutality, Cold Case Upheld by The plaintiff alleged that officers confined him in a cell with a broken window in subzero weather, used excessive force against him, and made false statements leading to wrongful disciplinary action. A jury found for the defendants. The verdict as to …
Article • May 15, 2007
$70,000 Verdict in Georgia Prisoner's Assault by Guards by After he was escorted to his cell for disciplinary segregation, Georgia prisoner Ernest D. Johnson was beat unconscious by guards Brian Breeden and Sgt. Rudolph Gomez. Once inside the cell, the guards attacked Johnson. They choked, stomped, and struck him with …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Trial Court Must Make Fact Findings Before Ordering Stun Belt by The application of a stun belt to a criminal defendant is governed by the same considerations and body of law as restraint devices. Such a decision "must be subjected to close judicial scrutiny to determine if there was an …
Article • May 15, 2007
Court Authorizes Use of Stun Belt on Criminal Defendant by The requirement that the criminal defendant wear a stun belt during his trial is upheld given the defendant's "rare combination of skill, ingenuity, cunning, and fearlessness" and his love of attempting to escape (extensively described), not to mention his violent …
Article • May 15, 2007
$163,900 Settlement in Illegal Shackling of Chicago Jail Prisoner by The Cook County Sheriff's Office in Illinois has agreed to pay 500 former prisoners $50 per day for each day they were illegally shackled hand and foot to a hospital bed. The lawsuit was filed originally by three prisoners, Khalil …
Jail Prisoner's Shooting Suit Estopped by Fruad Conviction from Incident by The plaintiff's claim that he was shot in jail by other prisoners is collaterally estopped by his conviction for fraud arising from the same incident (the government's theory being that he staged his own shooting so he could bring …
Article • May 15, 2007
Court Orders Leg Shackled for Criminal Defendant by The court makes findings of fact memorializing its decision to require the plaintiff to be leg- shackled during his jury trial. He had a history of one escape, significant mental disability, and numerous disciplinary charges. The court relied in part on the …
Article • May 15, 2007
Prejudice Required for Courtroom Shackling Claim by The plaintiff's claim of courtroom shackling amounts only to harmless error, since only one juror saw the plaintiff in handcuffs and none saw his leg restraints. At 691: ". . . [A] jury's brief or inadvertent glimpse of a defendant in physical restraints …
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 …
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