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Article • May 15, 2007
New York Prisoner Awarded $60,000 For Fall, Back Injury by In December 1997, a court of claims in Albany, New York, awarded $60,000 to a state prisoner who injured his back when be slipped on icy stairs and fell as he was exiting the prison chow hall. As a result …
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
Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim by Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim A wrongfully convicted New York man satisfied the statutory requirements for a claim against the State but failed to verify it personally, resulting in dismissal …
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 …
Article • May 15, 2007
Washington District Court Awards $195,000 For False Arrest, Emotional Distress by In April 1998, the U.S. District Court for the Western District of Washington awarded $195,000 for emotional distress to a man who was wrongfully arrested. The plaintiff, 40 and retired at the time of the March 1997 incident, claimed …
White Texas Prisoner Assaulted By African-American Cellmate Awarded $90,000 by During the week of August 10, 1998, a Texas state court awarded $90,000 to a white prisoner who was assaulted by his African-American cellmate in the Dallas County Jail and suffered a broken jaw. Plaintiff Curtis Ohme, a 27-year-old white …
Article • May 15, 2007
Contract Rabbi Acting In Ecclesiastical Nature by Washington state prisoner James Shilling, a converted orthodox Jew, filed a Federal civil rights complaint against Washington and Nevada Department of Corrections (DOC) personnel, as well as Rabbi Gary Friedman, alleging that they denied him kosher meals while housed in Nevada DOC as …
Article • May 15, 2007
Proof of Jewish Heritage May Violate Equal Protection by Washington state prisoner James Shilling, a converted Jew, filed a Federal civil rights complaint against Washington and Nevada State Department of Corrections (DOC) personnel, claiming that they violated his First and 14th Amendment rights by denying him kosher meals while housed …
Article • May 15, 2007
Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …
Article • May 15, 2007
Administrative Remedies Exhausted Even If Untimely by State Prisoner Ted Poole filed a complaint against the Michigan Department of Corrections concerning the untimely payment of filing fees. Poole exhausted his administrative remedies in the prison grievance process which were denied by prison officials as being untimely. Poole then filed a …
Article • May 15, 2007
Retaliation Claims Must Be Based On Constitutional Rights by Louisiana State Prisoner Darryl Crockett filed a complaint alleging improper censorship of outgoing mail and retaliation which was dismissed by the district court. Crockett appealed contending that his complaint was erroneously dismissed because he alleged facts in support of a direct …
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 …
Article • May 15, 2007
Claims May Be Found Within Content Of Complaint by A Virginia State Prisoner, Jerome Howard appealed the district court's dismissal of his claim of deliberate indifference to a medical need for failure to state a claim. Howard was housed on the second tier even with his clubbed foot. Howard fell …
Conflict of Law Analysis Required in Multi State FTCA Litigation by Dana Maye El filed a pro se suit against the United States for unspecified torts under the Federal Torts Claim Act in New Jersey raising claims that occurred in New Jersey, Missouri, and Pennsylvania. The district court granted the …
Article • May 15, 2007
$167,500 Awarded For Failure To Treat Fatal Colon Cancer in California Prisoner by In 1994, a California State prisoner had noticed some weight loss and lower abdominal pain then later that year intermittent rectal bleeding. An internist initially prescribed antibiotics and later a barium enema was performed by a radiologist. …
Article • May 15, 2007
$183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing by $183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing In 1980, a California Deputy District Attorney (Savitt) was attacked and stabbed multiple times by a maximum security prisoner during a parole hearing. The prisoner had a …
Article • May 15, 2007
Private Medical Company Not Municipality Subject to Punitive Damages by The plaintiff, who had had repeated shoulder surgery, reinjured his shoulder in jail. He got an x-ray but no treatment except pain killers and referrals to mental health. After release, he had to have two additional surgeries on his shoulder. …
Article • May 15, 2007
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
Injured Jail Prisoner Denied Crutches, Lower Cell States Claim by The plaintiff, who had had a serious leg injury, was forced to stand, walk, and/or hop for several hours after he was arrested and the police refused to retrieve his crutches. Upon entering jail, he had to do the same …
Article • May 15, 2007
Law Library Claims Must Be Brought Under § 1983 by Law Library Claims Must Be Brought Under § 1983 Prisoners are entitled to sufficient law library access to "enable them to research law and to determine what facts may be necessary to state a cause of action." However, such a …
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