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Trial Required in Jail Beating by The court of appeals for the Eighth circuit affirmed in part, reversed and remanded in part a directed verdict in favor of jail officials. A pretrial detainee in the St. Louis Municipal jail in Missouri claimed he was beaten and punched by jail guards …
Article • May 15, 2007
Random Tear Gassing Claim Not Estopped; Rule Banning Discovery by Pro Se Litigants Voided by The court of appeals for the Eighth circuit reversed and remanded the grant of summary judgment in favor of Arkansas prison officials. The appeals court held that the prisoner plaintiffs' § 1983 action against officials …
Article • May 15, 2007
Too Low Attorney Fee Award in Jail Beating Vacated by Too Low Attorney Fee Award in Jail Beating vacated The court of appeals for the Fifth circuit affirmed in part, reversed in part and remanded a jury verdict and attorney fee award entered by a district court in Texas. The …
Article • May 15, 2007
Seminal Prison Brutality Case by This is one of the first circuit court rulings on prison brutality. Its methodology has been abandoned in light of later Supreme Court rulings but it is still frequently cited by the courts. The appeals court held that New York prison guards can be held …
Article • May 15, 2007
Beating States Claim by The court of appeals for the Ninth circuit held that a district court erred in dismissing a Hawaii prisoner's lawsuit for failing to state a claim. The plaintiff claimed he was beaten by guards and then denied medical care for injuries he sustained in the beating. …
Jury Interrogatories Reviewed for Plain Error by The court of appeals for the Second circuit held that jury interrogatories are reviewed for plain error and will be reversed even if a party did not object at the trial level, if the instructions affected the proceedings. Plaintiff was a mentally ill …
Article • May 15, 2007
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …
Article • May 15, 2007
Jury Instructions on Eighth Amendment Claim by The court of appeals for the Eighth circuit held that a district court erred in sua sponte awarding nominal damages to a Missouri prisoner after a jury found his Eighth amendment rights had been violated by a guard who slammed a food service …
Article • May 15, 2007
Beating States Claim, Medical Misdiagnosis Doesn't by A federal district court in Rhode Island held that a prisoner had stated an Eighth amendment claim that he had been hit in the ribs and groin by three guards. Court held that a misdiagnosis of leukemia did not state an Eighth amendment …
Article • May 15, 2007
Infliction of Fear with Tasers Unconstitutional by Infliction of Fear With Tasers Unconstitutional A federal district court in Nevada held that a prisoner had stated an Eighth amendment claim when he alleged that a guard had threatened to shoot him with a taser gun for no apparent reason. Guards cannot …
Article • May 15, 2007
State Liable for Attorney Fees in Beating Suit by The court of appeals for the Eleventh circuit affirmed $1,500 in compensatory and $25,000 in punitive damages awarded to a Florida prisoner who was beaten and kicked by prison guard interrogators. District court refused to award attorney fees under 42 U.S.C. …
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
Officers' Convictions Upheld, One Case Reversed for Sixth Amendment Violation by The U.S. Fourth Circuit Court of Appeals upheld all but one conviction of former law enforcement officers for violating an arrestee's federal civil rights, obstruction of justice, and witness tampering. The court reversed one conviction for violation of the …
Article • May 15, 2007
Permanent Injury Not Required to State Excessive Force Claim by The Fifth U.S. Circuit Court of Appeals vacated and remanded a Texas U.S. District Court's dismissal of a state prisoner's claim that prison guards used excessive force against him. Thomas Luciano was a prisoner in the Texas Department of Criminal …
Beating Damages Award Upheld, Case Remanded for Further Damages Consideration by The U.S. Sixth Circuit Court of Appeals upheld a federal district court's findings in favor of a prisoner beaten by jail guards and the court's award of damages, but remanded the case for consideration of further damages. Marty O'Shea …
Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
Article • May 15, 2007
Nominal Damage Relief Does Not Warrant Attorney Fee Award by The U. S. District Court for the Eastern District of New York held that even though a prisoner was the "prevailing party" in a civil rights action, a verdict awarding only nominal damages did not warrant an attorney fee award …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
Article • May 15, 2007
PLRA Controls Hourly Rate of Attorney Fees by The U.S. District Court for the Southern District of Ohio held that the maximum hourly rates for attorney fees in prison litigation is controlled by the Prison Litigation Reform Act (PLRA), and the rate for Ohio had not been increased by the …
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