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Article • May 15, 2007
$10,000 Paid in WA Chaining to Fence and Beating Suit by Shelton Correctional Center prisoners Timothy Griswald, Ricky Renteria, and Anthony Holland filed suit in the Western District of Washington federal court alleging they were chained to a fence and beaten several times. One incident lasted over eight hours, and …
Article • May 15, 2007
$200,000 Awarded In New York Prisoner Assaulted By Guard Suit by In 2000 the New York, Court of Claims awarded $200,000 in damages to a prisoner who was assaulted by a guard at the Gowanda Correctional Facility in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin filed suit …
Article • May 15, 2007
Restraining Chair Beating Heads for Trial by A federal district court in Kansas has denied the defendant's Motion for Summary Judgment in the beating of pretrial detainee William S. Davis. While detained in the Sedgwick County Adult Detention Facility (jail) for driving under the influence of alcohol, Davis was placed …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Article • May 15, 2007
California State Prisoner Assaulted By Guards Awarded $2,500 by On May 18, 1993, a federal jury in San Francisco awarded $2,500 to a prisoner who claimed he was assaulted by prison guards. Plaintiff Scott Felix, 30, alleged that in March 1985 while incarcerated at the Folsom State Prison he was …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
Article • May 15, 2007
Remitted Damages Award Upheld in Excessive Force Claim by The U.S. Second Circuit Court of Appeals upheld damages awarded to a prisoner in a 42 U.S.C. §1983 claim against jail guards for using excessive force. The case was previously reported by PLN (September 1999, page 10). Facts of the case …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Article • May 15, 2007
California Prisoner Assaulted By Deputies Awarded $135,000 by On February 21, 2002, a federal jury awarded $135,000 to a prisoner who was subjected to excessive use of force by San Bernardino County, California, deputies in violation of his Eighth Amendment rights. While a prisoner in San Bernardino's West Valley Detention …
$7,500 Paid in Beating of WA Female Prisoner by Lila McCrary filed a tort claim with the office of Risk Management stating that while she was imprisoned at the Washington Corrections Center for Women on April, 27, 1997, she was assaulted by Jerry Keen, Correctional Mental Health Counselor I. She …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
PLRA Exhaustion-of-Remedies Requirement Applies to Private Prison by by Matthew T. Clarke On September 8, 2004 the Sixth Circuit Court of Appeals held that prisoners incarcerated in a private prison must first exhaust the prison's administrative remedies before bringing suit under 42 U.S.C. § 1983 challenging unconstitutional prison conditions. Louis …
New Wrongful Death Trial Prompts $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29-year-old Damon Lowery's life came to a tragic end while in police custody. More than five years later, with a new trial looming, Portland, Oregon officials paid Lowery's estate $600,000 …
Article • May 15, 2007
$1 Award Suit By NY Jail Prisoner Assaulted By Prison Guard by Robert Ciaprazi, a prisoner in New York, filed a law suit against Nassau County and Thomas Amato and Peter Skalkos, two jail guards, who allegedly assaulted him. Ciaprazi, alleged that in 1996, guard Amato was withholding food from …
Absurdity Exception Applied to PLRA Attorney Fee Cap in Pre-incarceration Claim by The Tenth Circuit Court of Appeals has held that the attorney's fees of the Prison Litigation Reform Act (PLRA) does not apply to prisoner lawsuits arising before their incarceration. The Civil Rights Action, filed by Ralph Robbins, sought …
9th Circuit Reversed SJ for Non-Exhaustion by In an unpublished opinion, the Ninth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials for a prisoner's purported non-exhaustion. Nevada prisoner John Auer brought suit, alleging excessive force, retaliation and denial of access to the courts …
Article • May 15, 2007
$380 Awarded for fall from NYDCS Transport Van by A New York State court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380. On February 21, 2001, …
Article • May 15, 2007
No New Trial in NY Beating Suit that Plaintiff Lost by The plaintiff alleged excessive force; a jury found for the defendants; the plaintiff moved for judgment as a matter of law. The ten-day limit on such motions is jurisdictional, but it runs from the date the actual judgment is …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
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