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Article • May 15, 2007
California Guard Charged with Excessive Force in County Prisoner Death by Greg Fuher, a guard at the California San Joaquin County jail, was charged with assaulting prisoner Mondez Denmon while attempting to subdue him when he allegedly became threatening and assaultive while in custody. A grand jury indicted Fuher and …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Deposition Testimony Admissible in Beating Trial by The Seventh Circuit Court of Appeals held that the defendants in a civil rights action were improperly precluded from entering evidence to support their defense, the deposition of an unavailable witness was properly admitted, and admitted statements of a prisoner to a treating …
Article • May 15, 2007
$380 Awarded for Fall from NYDOCS Transport Van by A New York state court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380 on October 21, 2004. …
Article • May 15, 2007
No Summary Judgment On Disciplinary Diet Claim by A federal court in New York held that prison officials were not entitled to summary judgment on a prisoner's claim that he was repeatedly placed on restricted disciplinary diets and subjected to painful handcuffing, in violation of the Eighth Amendment. Wilfredo Rodriguez …
Article • May 15, 2007
Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance by Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance Frederick Ray III, a Pennsylvania state prisoner, sued prison guards on several legal theories in federal district court under …
Article • May 15, 2007
$150,000 Paid in Guard's Assault of Florida Jail Prisoner by While held at Florida's Duval County Jail in April 1991, a 39-year-old detainee requested to use the rest room. His second request was granted, but he had to urinate at the far end of the outdoor compound. Later, he had …
Article • May 15, 2007
Guard Beating Nets $18,000 for Florida Jail Prisoner by While imprisoned at Florida's Alachua County Jail in October 1993, a 40-year-old prisoner was thrown to the ground and kicked by a guard. The prisoner incurred cervical strains and sprains. His lawsuit was settled for $18,000. See: Gay v. Allachua County, …
Article • May 15, 2007
$600,000 Verdict in Excessive Force Case to Ohio Jail Prisoner by After being involved in a car accident and arrested for drunk driving, Craig A. Burdine was taken to Ohio's Ottawa County Jail. While being removed from the jail's elevator, Burdine was choked unconscious by Deputy Bruce M. Szilagye. Burdine …
Article • May 15, 2007
Tight Handcuffs, Violent Police Car Ride State Claim by The plaintiff alleged that he was handcuffed too tightly and complained repeatedly about it to the arresting officers; that the officers amused themselves by speeding unnecessarily, braking abruptly, etc., so the plaintiff was thrown around in the police car; that when …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
Door Slamming Suit Dismissed by The Indiana plaintiff complained that an guard slammed a food service slot on his hand. The guard said the plaintiff tried to throw trash through the opening, that he didn't know the plaintiff's hand was in the opening, and it was an accident. The defendant …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
District Court Vacates KS Jury Verdict of $500,000 in Jail Beating by The plaintiff alleged that he was beaten by jail staff and sued the county and individual officers; he dropped the latter and obtained a jury verdict of $500,000 against the county. Undisputed testimony showed that the officers were …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
Article • May 15, 2007
Massachusetts Prisoner Beaten By Guards Awarded $21,000 by In August 1997, a court in Suffolk County, Massachusetts, awarded $21,000 to a state prisoner who was severely beaten by prison guards. The plaintiff prisoner claimed that while imprisoned in May 1991 he was shackled, handcuffed, kneed, and spat on by a …
Article • May 15, 2007
New York Jail Prisoner Awarded $190,000 For Guard-Inflicted Facial Injuries by In December 1997, a New York state court awarded $190,000 to a prisoner who sustained severe facial injuries when a guard at the Nassau County Jail pushed him into his cell. The plaintiff prisoner, 66 at the time of …
Article • May 15, 2007
$250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest by $250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest A 39 year old California man was beaten to death by police while being arrested for misdemeanor trespass. The deceased man's estate did not participate …
Attorney's Must Have Express Authorization To Enter Into Settlement Agreements by In January 1995, Illinois State prisoner Donchii Malone was transferred to Stateville prison where he learned of a contract out on his life. Malone reported this to Warden Godinez and requested transfer to protective custody. Neither happened. A week …
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