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$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Article • May 15, 2007
$300,000 Settlement in Iowa Jail Detainee's Suicide by On March 21, 2003, the estate of David Price settled a lawsuit against the Black Hawk County jail in Iowa for $300,000. On December 17, 1997, Price hanged himself in his jail cell with a bed sheet. Price had been diagnosed as …
No Qualified Immunity for Guards Who Seized Prisoner's Legal Papers by The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment in favor of prison guards who had confiscated a prisoner's legal papers as an alleged act of retaliation for the prisoner's exercise …
Article • May 15, 2007
Filed under: Medical, Medication, Blood, Stroke
Washington DOC Settles Stroke Suit for $111,000 by The Washington Department of Corrections agreed to pay $111,000 to settle a prisoner's lawsuit in which he claimed to have suffered permanent injuries after DOC doctors discontinued his heart medication. The settlement was finalized on October 22, 2002 in the Snohomish County …
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 …
Weekends and Holidays Excluded from FRCP 6(a) 10-Day Deadline by The Ninth Circuit Court of Appeals held Fed. R.Civ.P. 6(a) excludes Saturday, Sunday and legal holidays when computing time periods of less than 11 days. This action, which was brought by female employees in Washington alleging discrimination on the basis …
Interpreters Provided For MD Deaf Prisoners in Consent Decree by A Maryland federal district court approved a consent decree that agrees to provide and compensate qualified sign language interpreters for deaf prisoners. The agreement provides Maryland deaf prisoners will be advised of their right to a qualified sign language interpreter …
Article • May 15, 2007
Police Officer May Be Liable for Failing to Disclose Exculpatory Evidence to Prosecutor by Police Officer May Be Liable For Failing to Disclose Exculpatory Evidence to Prosecutor The Fifth Circuit Court of Appeals held a police officer can be liable under 42 U.S.C. § 1983 claims of false detention and …
Article • May 15, 2007
Sixth Circuit Upholds $54,750 ETS Damage Award by The Sixth Circuit US Court of Appeals upheld the district court's bench trial findings of fact and law, $54,750 damages award and $51,786 attorney fees award in a state prisoner 42 U.S.C. § 1983 civil rights suit claiming injury from environmental tobacco …
Article • May 15, 2007
Washington Prisoner Receives $17,500 for Work Detail Needle Stick by On April 26, 2002, in the King County Superior Court, the Washington State Department of Corrections agreed to pay $17,500 to settle a lawsuit brought by a prisoner who was stuck with a dirty hypodermic needle while on a work …
Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E Dannenberg Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E. Dannenberg The Sacramento County Superior Court ruled that the Sacramento County Jail's policy of strip-searching all detainees - regardless …
Article • May 15, 2007
New York Department of Corrections Sued Over Systemic Rape of Women Prisoners by Ava Azizi New York Department of Corrections Sued Over Systemic Rape of Women Prisoners by Ava Azizi Bobbie Kidd was raped on August 9, 2001 while serving time in Albion Correctional Facility. She claims she was raped …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
PLRA Requires Prisoner 1983 Complaints to Plead Administrative Exhaustion by The U.S. Court of Appeals for the 6th Circuit recently held that the Prison Litigation Reform Act (PLRA) requires prisoner civil complaints under 42 U.S.C. 1983 to allege the prisoner exhausted all administrative remedies before suing or suffer dismissal of …
Survivors Win $1,825,000 in Wisconsin Prisoner Suicide Suit by The parents and estate of a Wisconsin state prisoner who committed suicide after being taken off of his anti-psychotic medication won a $1,825,000 jury award in Wisconsin federal court. Matthew Sanville, a 26 year-old Wisconsin state prisoner, was prosecuted for assaulting …
Article • May 15, 2007
Arizona Internet Ban Permanently Enjoined by John E Dannenberg by John E. Dannenberg On May 19, 2003, the U.S. District Court (D. Ariz.) granted summary judgment, permanently enjoining enforcement of Arizona House Bill 2376 (HB 2376), a 2002 state statute that had made it a misdemeanor for Arizona Department of …
Article • May 15, 2007
Prison Disciplinary Issues Must Be Raised in Administrative Appeal by Jon Michael Withrow The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for …
Florida DOC Clamps Down on Prisoner Writers by David Reutter by David M. Reutter In an effort to limit prisoners' free speech rights, the Florida Department of Corrections (FDOC) has taken steps to prohibit prisoners from engaging in a business or profession. For some years now, the FDOC has had …
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 …
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