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California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment by Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment A district court in Wisconsin entered an injunction enjoining prison officials from restricting correspondence between a prisoner and his sister-in-law. Morales v. Schmidt, …
Article • May 15, 2007
Dismissal with Prejudice Vacated; Plaintiff Ordered to Replead by The Second U.S. Circuit Court of Appeals vacated dismissal with prejudice of a New York State prisoner's medical claims and instructed the district court to dismiss without prejudice to the filing of a second amended complaint. Fernando Pratts, a New York …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
Article • May 15, 2007
Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action by A construction company tired to build a Volusia County branch jail in Daytona Reach, Florida, was awarded $2,300,677 for extra work the company was required to perform and for the outstanding balance on the contracted construction price. Plaintiff Noonan-South, …
Article • May 15, 2007
Florida: Assaulted Escambia County Prisoner Awarded $1,000,000 by In this case published by the Florida. Jury Verdict Reporter in October 1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who suffered organic brain damage and paralysis after being attacked by another prisoner in an. Escambia County jail. In …
Article • May 15, 2007
Florida Good Time Statute Ruled Ex Post Facto by The Supreme Court ruled that a retroactively applied Florida good time statute was unconstitutional. The ruling came in response to Florida's decision to repeal and replace a previous good time statute with one that substantially reduced the amount of good time …
Article • May 15, 2007
Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim by Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim The U.S. Circuit Court of Appeals, Sixth Circuit, affirmed the grant of summary judgment to Kentucky jail and prison defendants in a case alleging that defendants' deliberate indifference left …
Article • May 15, 2007
Mailroom Employee's Actions Not Due Process Violation by A Nebraska prisoner brought suit under 42 U.S.C. § 1983 alleging that prison officials violated his constitutional rights under the Fourteenth Amendment by denying him property without due process of law. The suit was filed in response to legally ordered craft materials …
New York: Malpractice Suit Over Guard's Death Settles For $2,500,000 by On March 21, 2002, an unidentified plaintiff settled this medical malpractice claim against two physicians for $2,500,000. At issue was the medical treatment of a Riker's Island guard who suffered a heart attack in front of the jail's infirmary. …
No Liberty Interest in Interstate Prison Transfer by A Hawaii prisoner filed suit after being moved from a Hawaii prison to one in California. After a "program committee" labeled him a troublemaker, the prisoner was notified of an impending hearing and he retained counsel. The committee recommended after the hearing …
Article • May 15, 2007
Oregon DSU Conditions Unconstitutional by An Oregon federal district court, after trial and personally visiting the Disciplinary Segregation Unit (DSU) at Oregon State Prison, held DSU conditions are unconstitutional. A prisoner confined to the DSU, who gained 60 pounds while in DSU, has a recorded medical history of hypertension, epilepsy, …
Article • May 15, 2007
Prison Officials Entitled to Qualified Immunity for Interfering With Mail by The Supreme Court ruled that prison officials are immune to liability for damages under 42 U.S.C. § 1983. The suit was brought be a California prisoner alleging that prison officials violated his First and Fourteenth Amendment rights by negligently …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
Article • May 15, 2007
Washington: Jail Suicide Results In $150,000 Award by On July 8, 2002, a jury in King County, Washington awarded $150,000 to the estate and daughter of a prisoner who committed suicide while imprisoned in the Auburn City Jail. Sandra Farms, 39, was arrested by Auburn City Police on January 6, …
Article • May 15, 2007
Indiana Arrestee Strip Searches Unconstitutional by The Supreme Court of Indiana held that routine warrantless strip searches of misdemeanor arrestees, even when incident to lawful arrests, are violative of the Indiana Constitution and the Fourth Amendment. This criminal case was before the court on a motion to suppress cocaine found …
Supreme Court Holds Retaliation Claim Requires "But For" Test by Supreme Court Holds Retaliation Claim Requires "But For" Test The U.S. Supreme Court has held in a teacher's suit, which sought reinstatement and damages, for the failure to rehire him in retaliation for engaging in speech protected by the U.S. …
Article • May 15, 2007
US Supreme Court Held Prisoners And Mental Patients Have Due Process Right To Be Protected by US Supreme Court Held Prisoners And Mental Patients Have Due Process Right To Be Protected The Supreme Court held that a State's failure to protect an individual against private violence, generally does not constitute …
Article • May 15, 2007
US Supreme Court Held That Officials Are Not Qualifiedly Immune From Injunctive And Declaratory Reliefli by US Supreme Court Held That Officials Are Not Qualifiedly Immune From Injunctive And Declaratory Relief The US Supreme Court held that Public Officials are not immune from damages when they violate clearly established constitutional …
Former Guard's Sexual Harassment Suit Against CCA Dismissed by The United States District Court for the District of Columbia held that a former guard suing CCA of Tennessee under the District of Columbia Human Rights Act (DCHRA) had not proven she was subjected to a hostile work environment, that lack …
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