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Prisoners Contempt Motion Requesting Compensatory Damages Not Precluded by The United States District Court for the Southern District of New York held that prisoners' attorneys could prosecute a contempt motion against prison officials as prisoners' contempt motion was civil in nature. Orange County Correctional Facility (New York) officials moved pursuant …
Article • May 15, 2007
Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed by Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed The United States District Court for the Eastern District of Virginia, Alexandria Division, granted summary judgment against a prisoner's § 1983 action in which he claimed harassment, denial of access to …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
Article • May 15, 2007
Habeas Corpus Appropriately Challenges 'Fact Or Duration' Of Confinement by The United States District Court for the Middle District of Pennsylvania held that habeas corpus was not the proper forum for challenging the frequency of segregation review hearings or the limitation of telephone privileges. John Sinde, a federal prisoner at …
Texas Suicide Suit Alleging Medical Malpractice Settles For $288,130 by On June 23, 1993, a lawsuit arising from the suicide death of a prisoner in the Jefferson County (Texas) Detention Center settled for $288,130. The suit had alleged that STAT Care, the jail's contract medical provider, failed to properly screen …
Article • May 15, 2007
Filed under: Civil Procedure, Standing
Supreme Court Discusses Standing to Sue by The U.S. Supreme Court held that environmental groups (respondent) lacked sufficient standing to pursue their claim against Secretary of the Interior (petitioner). Section 7(a)(2) of the Endangered Species Act of 1973 directed petitioner to review the actions of federally funded agencies to ensure …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
Federal Parole Officials Not Entitled To Absolute Immunity by The U.S. Court of Appeals for the Third Circuit held that a district court erred in dismissing a parolee's claim against probation and parole officials and that the parole officials were not entitled to absolute immunity. Lawrence Wilson, a federal parolee, …
Article • May 15, 2007
$24,000 Settlement Recommended for Disabled Los Angeles Probation Officer by On March 10, 2005, the General Litigation Division for Los Angeles County, California, recommended settling a disabled county probation officer's lawsuit for $24,000. The suit alleged physical discrimination and retaliation. Gregory Miller, a probation officer for the Los Angeles County …
$55,503 Settlement for Barefoot California Prisoner by On December 27, 1999, San Francisco County, California, settled for $55,503 a prisoner's federal lawsuit that alleged he was denied footwear for three months while in the county jail and that he was treated with deliberate indifference by jail medical personnel after his …
Article • May 15, 2007
$90,000 Settlement for Alabama Prisoners Raped by Jail Guards by In June 2002, the City of Homewood, Alabama, paid a total of $90,000 to settle with two unidentified women who claimed they were forced to provide sexual favors to guards while imprisoned at the city jail. The plaintiffs, Jane Doe, …
Article • May 15, 2007
Utah: $490,000 Verdict for Untreated Hypertension, Vision Loss, Renal Failure by On November 25, 1992, a Utah jury awarded $490,000 to a state prisoner who suffered vision loss and renal failure because prison medical personnel failed to treat his hypertension. While imprisoned at the Utah State Prison, the plaintiff, 30, …
New York: Prisoner Raped In County Jail Awarded $250,000 by On September 24, 1997, a man who was raped while imprisoned in the Oneida County (New York) Jail settled his lawsuit against the county and the Utica City Police Department for $250,000. Plaintiff, an 18-year-old male, was imprisoned in the …
Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
Article • May 15, 2007
PLRA Not Applicable In Habeas Cases by The United States District Court for the Western District of Tennessee held that the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, did not apply to habeas corpus petitions filed pursuant to 28 U.S.C. § 2241. Mahamadou Sillah, a native …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
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 …
Article • May 15, 2007
Nondisclosure Of Government Records Not Justified By FOIA by The U.S. District Court for the District of Columbia ruled that certain records withheld by the Federal Bureau of Prisons (BOP) and the Federal Bureau of Investigation (FBI) was not properly exempted under the Freedom of Information Act (FOIA). Kieth Maydak, …
Article • May 15, 2007
Prisoner Fails To Show Retaliation, Deliberate Indifference by The United States District Court for the Northern District of Florida entered summary judgment against a prisoner's § 1983 action alleging deliberate indifference and retaliation by a prison nurse practitioner (N.P.). Walter Pate, a Florida state prisoner, was diagnosed as having HIV, …
Article • May 15, 2007
Plaintiffs' Summary Judgment Motion Denied In Strip Search Case by The United States District Court for the Southern District of New York held in a § 1983 action challenging a city's strip search policy that the city's claims were not collaterally estopped by state law, it's strip search policy was …
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