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Article • May 15, 2007
Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …
Article • May 15, 2007
Georgia $892,138 Settlement For Stroke/Brain Damage Caused By Cops by In March 1996, the County of Decatur, Georgia, agreed to pay $892,138 to a man who claimed he was assaulted by deputies while imprisoned in the county jail and suffered a stroke and brain damage as a direct result. Following …
No Hiring Liability for Brutal Arkansas Jail Guards by The plaintiff alleged excessive force. The deputy who allegedly used a "knee drop" on the plaintiff, severing his intestine, has previously been found not entitled to qualified immunity. A deputy who hit the plaintiff several times in the face while he …
Article • May 15, 2007
Leg Brace during Criminal Trial is Harmless Error by A criminal trial judge's decision to require the defendant to wear a leg brace during the trial, based only on unsworn hearsay testimony regarding a potential witness's plan to "do 'stuff,'" without evidence the defendant was going to participate in the …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs Suit Dismissed by The plaintiff's allegation that he sustained moon-shaped cuts from handcuffs that went unattended for days and, he was told, had caused nerve damage that would take time to regenerate did not support a deliberate indifference claim. Doctors he saw later made clear that there was …
Article • May 15, 2007
$2,000,000 Settlement in California Excessive Force Prison Shooting by On August 28, 1993, while imprisoned at California's Chuckawalla Valley State Prison, Kenneth Newton, 37, found himself in the middle of a riot between African-American and Hispanic prisoners. Many grabbed weapons of opportunity including weights, brooms, sticks, mop handles, and other …
$2,350,000 Settlement in Florida Jail Prisoner's Restraint Chair Death by The prisoner in this case was 39 years old when he was arrested in Florida's Osceola County for aggravated assault with a firearm and discharge of a firearm in public. During the incident leading to his arrest, the prisoner was …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
Article • May 15, 2007
Shackling Criminal Defendant Upheld by The petitioner's trial was not rendered unfair by his shackling, since he assaulted one of the prosecution witnesses when he left the witness stand in full view of the jury. His left hand was unshackled so he could take notes and assist counsel, and he …
Article • May 15, 2007
Private Juvenile Sex Offender School Not a State Actor by The plaintiff alleged that he was physically abused by staff members of a private school specializing in the treatment and education of juvenile sex offenders. The school and its staff did not engage in state action, since the plaintiff's placement …
Administrative Exhaustion Required in Beating Claim by At 721: Dismissal without prejudice for non-exhaustion is final and appealable because it can't be remedied by an amendment to the complaint. Id.: The court says plaintiff's complaint might be time-barred after dismissal for non-exhaustion, or the limitations period might run from the …
No Immunity For Cop Who Sprays Woman With Pepper Spray in Patrol Car by The plaintiff alleged that a police officer sprayed her with pepper gas while she was under arrest for a minor offense and secured in the back of a patrol car, separated from the officer by a …
Article • May 15, 2007
$30,000 Settlement in NY Jail Beating Case by While awaiting to visit his wife at New York's Riker's Island, the prisoner plaintiff was awaiting to enter the strip search room when several guards knocked loudly on the door. A few minutes after those guards left the area, four guards angrily …
Article • May 15, 2007
$40,000 Jury Award for Texas Jail Beating that Left Soccer Star Quadriplegic by While held in Texas' Lubbock County Jail, former West African soccer star Mohamet Sheriff Njie was assaulted by guards on October 7, 1996, at 3:00 a.m., according to his lawsuit. After the beating, Njie was left naked …
Article • May 15, 2007
$50,000 Award in Michigan Jail Beating Suit by After he was in a dispute with bar patrons, Jose Luis Monjaras-Torres was arrested and taken to Michigan's Macomb County Jail. Upon arrival, he was stripped, assaulted, and battered about the face by seven guards. Jose sustained soft tissue facial injuries. He …
Article • May 15, 2007
Tight Handcuffs on Arrestee Violates Fourth Amendment by Placing excessively tight handcuffs on an Pennsylvania arrestee and needlessly failing to loosen them for ten minutes, resulting in permanent nerve damage, would constitute excessive force under the Fourth Amendment under the circumstances alleged, where the officer was not in a dangerous …
Article • May 15, 2007
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
No Immunity for Jail Guards Who Beat Diabetic Prisoner by The plaintiff was stopped for a bicycle infraction and then arrested for an unpaid parking ticket. He told the arresting officer and the jail nurse that he was diabetic, felt ill, and needed to eat as soon as possible. Instead …
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records by TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases The Pollow family settled a civil rights action against police in Memphis, Tennessee …
Jury Finds CT Prisoner Denied Disciplinary Due Process by The plaintiff was summoned to a disciplinary hearing, got there late, and discovered it had been held without him and he had been found guilty. He asked to be heard and tried to get the hearing officer's attention; he was maced …
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