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Article • May 15, 2007
$70,000 Jail Medical Neglect Death Award Upheld by The Fifth Circuit Court of Appeals upheld a jury verdict of $70,000 in a prisoner's death at the Williamson County Jail in Texas. The suit was filed on behalf of the prisoner's estate by his parents, alleging he suffered cruel and unusual …
Article • May 15, 2007
High-Speed Police Chase Requires Intent to Harm for Liability by The United States Supreme Court held that high-speed chases with no intent to harm suspects physically, or to worsen their legal plight, do not give rise to liability under the Fourteenth Amendment that can be redressed by an action under …
Guard's Liability for Florida Prisoner's Suicide Jury Question by By David M. Reutter A Florida Appeals Court held that a jury, not a judge, must determine if a guard at the Pinellas County Jail (PCJ) is entitled to sovereign immunity and qualified immunity. This case was before the court on …
Florida Jail Liable in Medical Neglect Death by PHS by Carol Ancata, personal representative of Anthony Ancata, deceased, and natural guardian of Tara Ancata, filed a lawsuit against Prison Health Services, Inc. (PHS), the Broward County Jail and the Sheriff of Broward County (defendants) for violating Anthony Ancata's Fourteenth and …
$1,063,000 Verdict in Florida Prisoner's Wrongful Death by This action was brought by the estate of decedent, who was in his 30's, alleging improper characterization of prisoners and negligent food distribution. The decedent was placed in a cell with a convicted murderer. A dispute erupted over orange juice. The ensuing …
Article • May 15, 2007
$2,250,000 Paid in Negligent Supervision of Washington Parolee by On January 11, 1998, Warrick Washington, a dangerous and mentally- ill Washington parolee, shot and killed two teenage boys playing videogames at a friend's house. Prior to the shooting Washington had knowingly violated terms of his parole no less than four …
$3,251,000 Verdict Rendered in California Detainee's Murder by On April 8, 1992, a 32 year-old was arrested for parole violation and possession of controlled substances. He was booked into the Fresno County Main Jail in California. He was housed in a maximum-security cell that was designed for three prisoners; the …
Article • May 15, 2007
$3.5 Million Paid in Stabbing Death by Washington Parolee by Jeanne Baker filed a claim for damages in the stabbing death of her father, Stanley A. Stevenson, on August 24, 1997. Stevenson was stabbed on a Seattle street by Dan Van Ho, who was under the custody, control and/or supervision …
Prison Warden Granted Qualified Immunity in Employee's Death by The U.S. Sixth Circuit Court of Appeals held that the U.S. District Court for the Eastern District of Michigan was correct in denying a prison warden's motion to dismiss a 42 U.S.C. §1983 complaint for failure to state a claim, but …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
$36,150 Award of Attorney Fees in Puerto Rico Prisoner's Death by A Puerto Rico federal District Court awarded $36,150.10 in attorney fees to a law firm that secured a jury award on constitutional violations of $250,000 in compensatory damages, $250,000 in punitive damages and $500,000 on a tort cause of …
Article • May 15, 2007
Negligence Unproven in Ohio Prisoner's Death Following Hernia Surgery by In this case arising from the death of a state prisoner following surgery to repair a hernia, the Court of Claims of Ohio held that the plaintiff failed to meet the burden of proof required to prove the estate's claims …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Article • May 15, 2007
Idaho DOC/Employer not Liable for Negligently Supervising Probationer by The Idaho Supreme Court held that the state Department of Corrections ("DOC") and the private employer of a probationer were not responsible for the rape and murder committed by the probationer. In 1994, Corey Hood was convicted of statutory rape, sentenced …
Article • May 15, 2007
$32,500 Awarded to Citizens for Louisiana Prisoner's Escape by The Supreme Court of Louisiana held the State is liable for damages incurred by a prisoner in the process of escape. After a bench trial court awarded damages of $17,500 to Alvin Wilson and $15,000 to Ed Hillard, Jr. The Appeals …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim by Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim The U.S. Circuit Court of Appeals, Sixth Circuit, affirmed the grant of summary judgment to Kentucky jail and prison defendants in a case alleging that defendants' deliberate indifference left …
New York: Malpractice Suit Over Guard's Death Settles For $2,500,000 by On March 21, 2002, an unidentified plaintiff settled this medical malpractice claim against two physicians for $2,500,000. At issue was the medical treatment of a Riker's Island guard who suffered a heart attack in front of the jail's infirmary. …
Article • May 15, 2007
Washington: Jail Suicide Results In $150,000 Award by On July 8, 2002, a jury in King County, Washington awarded $150,000 to the estate and daughter of a prisoner who committed suicide while imprisoned in the Auburn City Jail. Sandra Farms, 39, was arrested by Auburn City Police on January 6, …
Article • May 15, 2007
$225,000 Tort Claim Settlement In Washington Parolee Wrongful Death Suit by In 1998 the Washington State Department of Corrections settled a tort claim with Jenifer R. Monroe, and John C. Pagel for $225,000, for the wrongful death of their mother Terri J. Dobler by a Washington State Parolee. Charles Epperson …
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