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Article • May 15, 2007
$7,000 Paid in WA Prisoner's Suicide by John Anthony Brown, a prisoner at the Washington Corrections Center in Shelton, hanged himself in his cell. His mother, Phyllis Brown, filed a tort claim pro se with the office of Risk Management alleging he was negligently supervised. On November 11, 2002, his …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million by Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million Kevin Taylor, husband and Administrator of his deceased wife Beverly's estate, a former teacher at the Southern Ohio Correctional Facility, settled a State Court civil …
Article • May 15, 2007
Washington: $260,000 to Family of Woman Killed By Escaped Prisoner by On November 5, 1991, the State of Washington agreed to pay $260,000 to the family of a woman who was kidnapped and murdered by an escaped work release prisoner. In 1988, while serving a 12-year sentence for two separate …
SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time by SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time On April 26, 2000 Gregory Kaubisch, a South Dakota prisoner, was beaten by his cellmate. George Kaubisch, as his …
Article • May 15, 2007
Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. by Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. Michigan's Court of Appeals has held that a claim alleging medical malpractice, intentional misconduct, and ordinary negligence arising from …
Article • May 15, 2007
Washington Appeals Court Reverses SJ on Negligent Supervision Claim by In an unpublished opinion, the Washington Court of Appeals held that a lower court erred in finding that a city's probation department owed no duty to citizens and was immune from suit. Jong Hoon Kim had a long history of …
Article • May 15, 2007
Dead Illinois Prisoner's Representative Filed Suit Too Late by Michael Shannon, an Illinois state prisoner, learned that he had stomach cancer on December 22, 1997. He knew then that an earlier diagnosis of cirrhosis of the liver was incorrect, and that he was suffering injury as a result. He later …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Article • May 15, 2007
$26,000 Awarded In Washington Jail Suicide Suit by In May 1997, the Superior Court of Washington awarded $26,000 to the estate of a prisoner who committed suicide in the Kent city jail. The estate asserted that despite being on suicide watch, the prisoner, a 37-year-old male, was left unattended for …
Article • May 15, 2007
$678,478 Awarded In Federal Prisoner's Death From Misdiagnosed Lung Cancer by In April 1997, the U.S District Court for the Northern District of Illinois awarded $678,678 to the estate of a federal prisoner who died from advanced lung cancer that had been misdiagnosed and improperly treated by prison medical personnel. …
Article • May 15, 2007
Mississippi Cancer Death Suit Dismissed by The decedent died of cancer in prison. There was a two-month delay between the recurrence of his cancer symptoms and the institution of treatment; his symptoms reappeared while he was in a county jail, where he received a recommendation for the immediate commencement of …
Murdered Illinois Prisoner's Estate Awarded $942,364 For Wrongful Death by In October 1998, an unknown state court awarded $942,344 to the estate of a teenage Illinois prisoner who was murdered by his cellmate on his very first night in prison. In their lawsuit, filed in April 1995, the 19-year-old prisoner's …
WI Mental Health Records Ordered Disclosed by The plaintiff, a Protection and Advocacy for Individuals with Mental Illness (PAIMI) organization, sought records from a private mental health facility about two patients who choked to death on food. The facility didn't want to produce them. Notwithstanding defendants' claim that the question …
Arkansas Field Death Suit Dismissed by The decedent died of heat exhaustion on his first day on the hoe squad (on November 6, mid-afternoon temperature 72 degrees). Although overweight, he had been medically cleared for the work detail; there were hourly breaks for rest, water, and smoking; there was no …
Minor Plaintiff's FTCA Claims Not Tolled by The decedent, an immigration detainee, was killed by another detainee. His wife's and adult children's Bivens claims were time-barred, but the claims of the minor children are tolled under California law until they file suit or reach the age of majority. The fact …
Article • May 15, 2007
No Liability for Death of Arrestee Who Caused Police Car Crash by The decedent was arrested while drunk and was placed in the back of a police car rear-cuffed. The officer did not shackle his legs, fasten his seatbelt, or close the plexiglass partition between front and back seats. The …
Doctors Can Be Held Liable in Heat Death of Obese Mental Patient by The decedent, an obese diabetic suffering from hypertension with a heart condition with abnormal EKG readings, was involuntarily committed to a psychiatric hospital where he took psychotropic medications. He died on a day with 90 degree heat …
CA Prisoner's Mental Health Records Exempt From Disclosure by In July of 2002, Ramon Gavira Camarillo, a Los Angeles County (County), California prisoner, was found hanging in his cell in the County jail. His widow, Mrs. Gavira, sued the County in state court claiming that the jail staff failed to …
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