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Article • May 15, 2007
$16,000 Paid in Excessive Force Use on Missouri Prisoner by While a prisoner at Missouri's Jackson County Prison, guards manacled 24-year-old Neil Houston to a bed for several days while he was stripped naked. His complaint for cruel and unusual punishment also alleged guards used excessive force when they entered …
Article • May 15, 2007
Stun Belt Allowed in Criminal Trial by A federal district court in the District of Columbia overruled a murder defendant's objection over being forced to wear a stun belt during his trial. The court set forth a series of factors to be weighed in deciding whether the defendant should be …
Article • May 15, 2007
No Qualified Immunity for Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that …
Article • May 15, 2007
County Jail Not Liable for Failure to Treat Knee Injury by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court of Minnesota, held that a county jail was not liable for failure to schedule an operation on a jail prisoner's knee injured by a jail guard. Steven …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
$36,150 Award of Attorney Fees in Puerto Rico Prisoner's Death by A Puerto Rico federal District Court awarded $36,150.10 in attorney fees to a law firm that secured a jury award on constitutional violations of $250,000 in compensatory damages, $250,000 in punitive damages and $500,000 on a tort cause of …
Article • May 15, 2007
5th Circuit Remands for Reassessment of Attorney Fees by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner's state assault and battery claim was not merged with his § 1983 claim, the district court erred in limiting attorney fees, and the county was liable for attorney …
BOP Guards Conviction for Beating Prisoner Affirmed by The Tenth Circuit Court of Appeals has affirmed the conviction and sentence against a guard at the United States Penitentiary in Florence, Colorado. Escort teams were moving prisoners from their cells to a conference room in order to conduct individual interviews about …
Deputy Not Sheriff, Liable for Assault, Attorney Fees by The U.S. District Court for the Northern District of Texas awarded a jail prisoner $500 in compensatory damages, no punitive damages, and $2,500 in attorney fees plus costs in a case involving a deputy sheriff's assault on the prisoner. Donald Williams, …
Article • May 15, 2007
Eighth and Fourteenth Amendments Protect Against Excessive Use of Force by The U.S. Supreme Court held that §1983 actions alleging excessive use of force on free citizens should be analyzed pursuant to Fourth Amendment standards rather than the less protective Eighth Amendment standards used for prisoners. Petitioner was stopped by …
Article • May 15, 2007
Award of Nominal Damages Only Affirmed in Excessive Force Suit by The U.S. Second Circuit Court of Appeals affirmed a district court's denial of a plaintiff's motion for new trial following a jury's award of only nominal damages against prison guards charged with use of excessive force on the prisoner-plaintiff. …
Article • May 15, 2007
San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined by San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined The Ninth Circuit Court of Appeals held prisoners are entitled to fresh air and exercise, they cannot be subject to wearing neck chains over long …
Article • May 15, 2007
$1,500 Paid in Beating By WA Guards by George "Fast Eddy" Miller was removed on October 24, 1988, from the visiting area at the State Reformatory at Monroe for suspicion of consuming alcoholic beverages. While in the strip-search room, he advised a guard that handcuffs were not necessary. Miller was …
Article • May 15, 2007
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional by Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional The Eleventh Circuit Court of Appeals held the Sixth Amendment did not apply to an …
Article • May 15, 2007
Cook County, Illinois, Settles Wrongful Death Claim for $550,000 by On September 5, 2003, Cook County, Illinois, agreed to pay $550,000 to the estate of a man who was apparently beaten to death by three jailers at theCook County Jail. Louis Schmude, 40, was arrested in May 2000 for violating a …
Article • May 15, 2007
FL Cops Sic Dog On Suspect; Court Remits Damage Award by On January 29, 2003, Broward County sheriff's deputies went to an apartment in Ft. Lauderdale, Florida to arrest Henry Lafavors. Deputy Olarte entered the apartment and deployed a police dog to subdue Lafavors, who sustained numerous dog bites. He …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
Alabama Prisoner Assaulted By Guard Awarded $100 by On June 11, 2003, the U.S. District Court for the Northern District of Alabama awarded $100 to a state prisoner who claimed a previous rib injury was aggravated when he was assaulted by two guards. Harold Ivory, a state prisoner at the …
Article • May 15, 2007
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
Article • May 15, 2007
Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied by Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied Texas state prisoner David Trevino filed a Federal civil rights petition against numerous Texas prison officials for allegedly engaging in harassment, …
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