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$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
No Supervisor Liability in Excessive Force Case by The U.S. Court of Appeals for the Eleventh Circuit held that an Alabama district court granting of summary judgment in favor of state prison guards who broke a prisoner's arm was precluded by unresolved issues of material fact. The court further held …
Article • May 15, 2007
Sworn Beating Complaint Defeats Summary Judgment by The U.S. Court of Appeals for the Eleventh Circuit held that a Florida state prisoner's sworn complaint was sufficient to defeat a motion for summary judgment filed by the defendant prison guards because the complaint "alleged detailed facts" that conflicted with the guards' …
Article • May 15, 2007
No Permanent Injury Requirement in Excessive Use of Force Claim by No Permanent Injury Requirement In Excessive Use Of Force Claim The U.S. Court of Appeals for the Fifth Circuit held that the infliction of numerous small cuts and bruises on a prisoner was sufficient to establish injury in Eighth …
Summary Judgment Precluded in Beating, Qualified Immunity for Hearing Officer by A New Jersey prisoner brought § 1983 action alleging violations of his constitutional rights. Defendant prison officials and guards motioned for partial summary judgment. The U.S. District Court for the District of New Jersey held: 1) Summary judgment against …
Summary Judgment Precluded in Beating, Common Law Remedy for Confiscation Claim by A Pennsylvania prisoner brought a civil rights action against prison officials and guards alleging guard brutality and confiscation of his legal materials violated his constitutional rights. The U.S. District Court for the Eastern District of Pennsylvania held: 1) …
Article • May 15, 2007
Jail Grievance Procedure Not Available to New York State Prisoner by A federal court in New York held that a prisoner who was transferred from a jail to prison prior to bringing an action against jail officials did not fail to exhaust available administrative remedies, because the jail's grievnace procedure …
Fifth Circuit Reverses Beaten Louisiana Prisoner's $1.5 Million Jury Award by The U.S. Court of Appeals for the Fifth Circuit reversed the award of $1.5 million to a beaten prisoner by a federal jury, granting the defendants a new trial on damages. John Poullard, a Louisiana state prisoner, sued guards …
Article • May 15, 2007
Court Upholds Mistreating Prisoners For Practice by Court Upholds Mistreating Prisoners For Practice The plaintiff alleges that the defendants authorized a "live exhibition/exercise" by CERT officers, with civilian witnesses, in which he was forcefully extracted from his cell and dragged to an exercise unit where he was placed in a …
Participation in Internal Affairs Investigation Doesn't Satisfy PLRA Exhaustion by The Ninth Circuit Court of Appeals held that participation in an internal affairs investigation is not sufficient to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement. Prisoners must utilize the internal grievance procedures. In 1998, Robert Panaro was a …
Abstention Doctrine Discussed by The Sixth Circuit Court of Appeals held that a federal court may not abstain from jurisdiction over a case because resolution of a federal question may result in the overturning of a state policy. This action brought by the next of kin of four young people …
Article • May 15, 2007
Directed Verdict of Prisoner's Failure to Treat Medical Need Claim Reversed by The Eleventh Circuit Court of Appeals reversed a district court's grant of a directed verdict on a prisoner's Eighth Amendment claim of denial of medical treatment. The suit was brought against officials at the Georgia State Prison and …
Retaliation for Litigation, Grievances States Claim by A New York federal district court held the prisoner in this civil rights action stated a claim for retaliation and failure to provide adequate medical care. This action was filed by a New York prisoner transferred from the Elmira Correctional Facility to the …
Article • May 15, 2007
Prisoners Receive Damages for Beatings by Two prisoners, John Furtado and Gerald Sousa brought a civil rights suit under § 1983 against prison officials, at the Massachusetts Correctional Institution. Both Furtado and Sousa were beaten by guards. Furtado's injuries required hospitalization. Both men sought redress. When prison officials retaliated against …
$130,000 Settlement In Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center MC, after he was forced to quit his job as an internal affairs investigator, for filing a report accusing prison guards of misconduct. Bailor, was investigating charges that …
Article • May 15, 2007
Use of Chemical Agents Not Per Se Unconstitutional by The Seventh Circuit Court of Appeals held that prison officials may use mace, tear gas, or chemical agents on prisoners when reasonably necessary to prevent riots or escapes or subdue recalcitrant prisoners. The class action suit filed by Wisconsin prisoner's alleged …
Article • May 15, 2007
Tear Gassing of VA Prisoner Requires Trial by The Fourth Circuit Court of Appeals held that material facts were in dispute in a Virginia prisoner's suit alleging guards willfully and maliciously fired a tear gas device in his face at point blank range that their action was punitive and not …
Article • May 15, 2007
Alabama Prisoners Assault and Battery Fails After Guard Given Immunity by An Alabama Civil Appeals Court has held that a prisoner submitted sufficient evidence to survive summary judgment on one claim of assault and battery by a guard, but affirmed dismissal of the remaining assault and property deprivation claims. The …
New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination by New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination A New York federal jury has awarded a guard $120,000 in his claim that fellow guards created a hostile work environment for him because he …
Article • May 15, 2007
$12,000 Paid in D.C. Prisoner's Beating by Guard by Jeffrey Jones was arrested for disorderly conduct in the District of Columbia. A prison guard beat him and hung him on the wall by his shorts for no reason. Jones sustained a broken jaw and broken ribs, and when he was …
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