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Article • August 15, 2008
Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory by A jury awarded $540 against each of two defendants in a police beating case. After 118 days (104 days longer than the Federal Rules permit), plaintiff moved for attorneys' fees. The court rejects the claim of excusable neglect. …
Article • August 15, 2008
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Article • August 15, 2008
Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages by On January 24, 2006, the Fourth Circuit Court of Appeals held that a plaintiff who prevailed in an action seeking damages under the Privacy Act, 5 U.S.C. § 522a(b), but did not prove any actual damages, could nonetheless …
Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit by The Hinds County Board of Supervisors (Board) agreed to settle a three-million-dollar federal lawsuit filed by a former prisoner in the Hinds County Jail after he was left paralyzed by a beating at the hands of other prisoners in …
Article • August 15, 2008 • from PLN August, 2008
Filed under: Medical, Hepatitis, Damages
Illinois Prisoners Win $8 Million for Failure to Treat Hep C by A federal jury has awarded four Illinois prisoners over $2 million apiece in a civil rights action filed against state prison officials for denying treatment for Hepatitis C (Hep C). In 2005, Edward J. Roe, Anthony P. Stasiak, …
Article • August 15, 2008 • from PLN August, 2008
Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit by John Dannenberg by John E. Dannenberg A federal jury awarded $6,058,000 in damages to a parolee and his girlfriend for outrageous conduct by Oakland, California city police (OPD) when they broke into his residence, told him they had …
Article • August 15, 2008
Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds by Michigan State prisoner Raymond Jackson sought leave to appeal an appellate ruling allowing the state treasurer to seize 90 percent of his federal action proceeds under the State Correctional Facility Reimbursement Act (SCFRA). His attorneys appealed the reduction of …
Article • August 15, 2008
Class Action Suits for Damages and Injunctions Discussed by When class plaintiffs seek both equitable relief and money damages, class certification must be done under Rule 23(b)(3), with its individualized notice and opt-out provisions, unless the damages are "incidental" to the equitable relief. (This holding appears to refer to class …
Article • August 15, 2008
CA Teacher Wrongly Arrested for Sexual Misconduct; Wins Nearly $4.5 Million by Patrick Gillan, a teacher and coach for the girls basketball team at a high school in San Marino, California, was arrested for sexual misconduct involving one of his players. The only evidence against him was the girl's inconsistent …
Article • July 15, 2008 • from PLN July, 2008
Ohio Prisoner Wins $4,525 Award For Assault By Guard by On May 12, 2007, the Court of Claims of Ohio issued a judgment in favor of an Ohio state prisoner awarding him $4,525 for an assault by a guard. Daniel Booth, an Ohio state prisoner, was working in the kitchen …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
$200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion by 15 year old Illinois Youth Center (IYC) prisoner Jeffrey Watts brought federal action against several IYC employees for cruel and unusual punishment in failure to protect after fellow prisoner Derrick Greaves allegedly attacked …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
Article • July 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury’s award of $236,000 to a former Gloucester County jail guard who claimed he was forced to retire because of an eye disability. Plaintiff Michael Raspa, …
Article • July 15, 2008
No Liberty Interest in Illinois Segregation by The Seventh Circuit Court of Appeals affirmed the dismissal of an Illinois prisoner’s due process and retaliation claims, finding that his allegations “effectively plead him out of court.” Illinois prisoner Christopher Lekas “cultivated a relationship on ‘friendly terms’ with Tyone Murray, a female …
Article • July 15, 2008
New York Prisoner Falls in Kitchen Netting $868,516 by A New York prisoner who was injured when he fell in the prison kitchen was awarded $868,516. In May 1991, 29-year-old prisoner, Mr. Lopez, slipped in liquid on the kitchen floor. He “suffered a fractured tibia, resulting in varus and rotation …
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