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Guard's Sentence Enhanced for Beating Disabled Prisoner by The criminal defendant pled guilty to conspiracy to violate the civil rights of detainees under his supervision, conspiracy to obstruct justice, obstruction of justice, and four counts of deprivation of rights under color of law. He received a sentence of 46 months …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Indiana Handcuff Injury Suit Dismissed by The plaintiff refused to allow his handcuffs to be removed on re-entering his cell, so the defendant officers pulled his hands through the cuff port of the cell door and then removed the handcuffs, against the plaintiff's resistance, causing a cut to his left …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Article • May 15, 2007
No Qualified Immunity for Arbitrarily Pepper Spraying Prisoner by The plaintiff alleged that he was sprayed in the face with Capstun without warning after declining to take his copy of a receipt for confiscated property, then slammed to the floor and handcuffed. He alleged that he did not intentionally disobey …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
$90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating by $90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating A Massachusetts prisoner, Robert M. Layne, escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. …
Article • May 15, 2007
First Circuit Affirms Massachusetts Guard's Sentence in Prisoner Beating by by Michael Rigby On May 3, 2005, the U.S. First Circuit Court of Appeals affirmed a guard's 41-month federal prison sentence for assaulting a prisoner at the Nashua Street Jail in Boston, Massachusetts, and then conspiring to cover it up. …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
Article • May 15, 2007
NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence by NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence William Hemric, a New York state prisoner, filed suit after being beaten. He alleged that while housed at Rikers Island jail on May 13, 1995, he was …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
Article • May 15, 2007
$75,000 Nominal Damage Award Improper; Reduced to $1.00 by The Eighth Circuit Court of Appeals upheld a lower court's decision reducing a $75,000 nominal damages award to $1.00. On November 18, 1995, Jose Alonzo Corpus was arrested in Minnesota on an outstanding warrant. While being booked into jail, Corpus exchanged …
Article • May 15, 2007
9th Circuit Vacates Marshal's District-Wide Shackling Policy by The Ninth Circuit Court of Appeals vacated a district-wide California policy of requiring all federal pretrial detainees to wear shackles while making their first appearance before a magistrate judge. In April 2003, the United States Marshals Service for the Central District of …
Article • May 15, 2007
BOP Prisoner's Ineffective Assistance of Counsel Claim in Guard Murder Rejected by Scott Fountain, a federal prisoner and a member of the Aryan Brotherhood, was convicted of murdering a prison guard in 1986 in the control unit at the US Penitentiary in Marion, Illinois. In 1997, he moved to vacate …
Article • May 15, 2007 • from PLN May, 2007
Pennsylvania Prisoner Wins $10,000 On Excessive Force Claim by A Pennsylvania state prisoner who was injured when a guard slammed the cell slot door on his arm after the prisoner didn?t retract his arm soon enough was awarded $10,000 in punitive damages by a federal jury on January 28, 2006. …
Article • May 15, 2007 • from PLN May, 2007
Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000 by Prisoner's Death After Restraint Settled By Los Angeles County For $80,000 The Los Angeles County Claims Board settled a wrongful death lawsuit for $80,000 in December 2006 that resulted from a jail prisoner dying after being restrained of …
Article • May 15, 2007 • from PLN May, 2007
$110,000 Settlement for North Carolina Prisoner Beaten By Guards by A North Carolina prisoner who claimed jailers brutally beat him in the Mecklenburg County Jail (MCJ) will receive $110,000 in exchange for dropping his lawsuit against the county. Paul Midgett alleged that while imprisoned at MCJ on May 10, 2000, …
$12,000 Award Against Jail Guard who Witnessed Police Beating and Did Nothing by $12,000 Award Against Jail Guard Who Witnessed Police Beating and Did Nothing The court of appeals for the Fifth circuit affirmed a jury verdict of 112,000 against a policeman who beat a Georgia jail detainee after he …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
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