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Missing Finger Tips Cost Washington DOC $2,500 by In February of 1997, the State of Washington and the Department of Corrections paid Richard L. Campbell $2,500. On January 18th, 1996, Campbell, a prisoner residing at Washington Corrections Center in Shelton, Washington, was working in the kitchen's meat room when he …
Article • May 15, 2007
New York Prisoner Awarded $6,000 For Hernia by In June 1998, a New York court of claims awarded $6,000 to a state prisoner who sustained a hernia while moving church pews as part of his work assignment. The plaintiff contended in his lawsuit that prison officials were negligent for failing …
Article • May 15, 2007
New York Prisoner Awarded $12,500 For Inadequate Ulcer Treatment by In June 1998, a New York court of claims awarded $12,500 to state prisoner who claimed he received substandard medical care while imprisoned. The plaintiff claimed that in December 1994 prison medical personnel inadequately treated his simple ulcer. The defendants …
Article • May 15, 2007
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
Contract Doctor Negligently Liable As Agent Of State DOC by State prisoner Joe Medley filed a medical negligence claim with the North Carolina Industrial Commission alleging that a doctor hired by the Department of Correction s(DOC), caused the amputation of his leg due to infection. The Commission granted summary judgment …
$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
Unreasonable Search Claim Survives Summary Judgment by Former New Hampshire state prisoner Shelia Elliott filed a Federal civil rights complaint alleging that a strip search conducted by a private transport company (Transcor) employee under contract with New Hampshire was unreasonable and violated her right to privacy under the First and …
Article • May 15, 2007
One Meal Per Day May Not Be Adequate For Kentucky State Prisoner by Former Kentucky state prisoner Alford Cunningham filed a Federal Civil rights complaint alleging that McCracken County (Kentucky) jail personnel violated his 8th Amendment rights by subjecting him to cruel and unusual punishment when depriving him of food …
Article • May 15, 2007
Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed by Summary Judgment For Free Exercise Of Religion Upheld: Untimely Appeal Dismissed Kansas state prisoner Jimmy Searles filed a Federal civil rights complaint against State Department of Corrections (DOC) personnel for allegedly violating his First Amendment right to freedom …
Article • May 15, 2007
Filed under: Complaints, Sentencing, Parole
Criminal History Trumps Reporter Liability For Denial Of Parole by Kansas state prisoner Thomas Lamb filed a State Court complaint against Tony Rizzo, a newspaper reporter, alleging libel for published articles containing alleged "lies and false information" which caused Lamb to be denied parole. Rizzo removed the case to the …
Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief by Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief The U.S. Court of Appeals for the Tenth Circuit reversed two Oklahoma State prisoners disciplinary convictions for violating a state statute. The prisoners were wrongly convicted and punished for a misinterpretation …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
Article • May 15, 2007
Supreme Court Holds Damage Awards to be Reviewed De Novo by Review of a trial court's determination of the constitutionality of punitive damages should be de novo. At 1684: Despite the broad discretion that States possess with respect to the imposition of criminal penalties and punitive damages, the Due Process …
Article • May 15, 2007
Supreme Court Holds Private Parties Cannot Litigate Title VIII Disparate Impact Claims by Supreme Court Holds Private Parties Cannot Litigate Title VIII Disparate Impact Claims There is no private right of action to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964. The statute prohibits …
Article • May 15, 2007
Failure to Treat Mild Paid Doesn't State Claim by The plaintiff cut his mouth on a piece of metal in his food. He got a tetanus shot and x-rays to make sure he hadn't swallowed any metal. He then went on a hunger strike and during that time complained about …
Court Denies Defendant Attorney Fees in Prisoner Death Case by The decedent died of pneumonia in prison and the defendants moved for attorneys' fees after the court granted them summary judgment. The court denies the motion, since the plaintiffs' allegations were not frivolous. The defendants argued that plaintiffs sued defendants …
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
Court Denies Appointment of Counsel in Medical Case by In deciding a motion to appoint counsel, the court first should determine whether the plaintiff is indigent, then whether the indigent's position "seems likely to be of substance." Then the court has discretion to consider the following factors: (1) the indigent's …
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 …
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