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Supervisors Not Liable for Retaliatory Assault by The plaintiff alleged that he was assaulted by an officer because he had filed previous lawsuits against other officers at the prison. He brought suit against supervisory defendants and not the officer. The fact of the assault does not establish deliberate indifference on …
Article • May 15, 2007
City Liable for Jay Walker Being Shot 14 Times by Cop by A statement by one police officer that the defendant officer who shot the plaintiff's decedent was "known to use 'heavy handed' tactics with citizens and was 'out to perform [his] job overzealous[ly] with prejudice towards people" and that …
Sheriff Not Liable for Hiring Brutal Jail Guards by The plaintiff alleged that he was subjected to excessive force, including a "knee drop" that severed his intestine. He alleged that the Sheriff was deliberately indifferent in hiring the deputy responsible. The deputy had nothing worse on his criminal record than …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
No One Liable in Jail Prisoner's Mysterious Death by The decedent, a 39-year-old homemaker, dropped her kids off at school, then was arrested for driving while drugged because she was having difficulty speaking and walking. A few hours later she was found strangled to death. Nobody knows who did it …
Article • May 15, 2007
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
Article • May 15, 2007
Black FBI Agent Beaten by Police States Claim by The African-American plaintiff was pulled over for a traffic violation and cooperated with the police officer in every respect, including informing him that he was an FBI agent and was armed. The defendant officer handcuffed him and then grabbed him from …
Article • May 15, 2007
Court Orders New Trial on Damages Only in Excessive Force Case by A jury found for the plaintiff in an excessive force case but awarded only nominal damages. The court says there is no reasonable basis for the nominal award, and grants a new trial limited to damages. The undisputed …
Article • May 15, 2007
Name Calling Suit Dismissed by The plaintiff's complaint that a prison employee called him a liar and a vexatious litigant with a morally deviant character is not actionable under the Federal Tort Claims Act because the statute exempts libel and slander claims from its waiver of sovereign immunity. The plaintiff …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Article • May 15, 2007
Filed under: Restraints, Juveniles
No Immunity for School Official Taping Second Grader's Head to Tree by "The facts are not complicated." A school vice principal taped a second-grade student's head to a tree as punishment, releasing him after five minutes when a fifth-grade student said she didn't think he ought to be doing that. …
Article • May 15, 2007
Civil Rights Act Ensures Prisoner's Chance To Prove Allegations Of Abuse by California State Prisoner Clifford Wiltsie brought a § 1983 suit in the U.S. District Court for an alleged unprovoked attack on him by several Department of Corrections (DOC) guards. His suit seeking release from custody and monetary damages …
Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural by Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural Deficits The District of Columbia's Court of Appeals has held that procedural defects in a prisoner's pursuit of administrative remedies does not bar a civil suit per …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Article • May 15, 2007
Beating Noisy Arkansas Prisoner Unjustified by The plaintiff's allegation that he was sitting on a bench in a cell and two guards entered and beat him was sufficient to withstand summary judgment. The fact that he had been yelling and kicking the walls previously did not provide a basis for …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
$75,000 Awarded to Prisoner for Inadequate Medical Care by $75,000 Awarded to Prisoner For Inadequate Medical Care An Iowa prisoner escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. He filed suit and at trial he was awarded …
Article • May 15, 2007
Prison Strip Search Policy Reasonable, Tasers Okay by The U.S. Ninth Circuit Court of Appeals ruled that a maximum security prison's strip search policy was reasonable and, in a case of first impression, held that tasers, also known as "stun guns," could be used by prison guards to enforce compliance …
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