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Article • February 15, 2009
Allegedly Beaten Federal Prisoner Settles For $75; Pays § 1983 Filing Fee by Brian Lane, a Bureau of Prisons prisoner, brought a pro se 42 U.S.C. § 1983 action in 1998 after allegedly being beaten by USP Terre Haute guard Fred Thomas, Jr. The suit settled for $75 in 2000. …
Article • February 15, 2009
BOP Offers $150,000 Settlement After Prisoner Was Raped By Guard by Kentucky federal prisoner Vileiby Rosado brought a federal tort action in 1995 for $500,000 after being raped by a Federal Bureau of Prisons (BOP) guard who had prior undisciplined incidents for similar conduct. A $150,000 settlement was offered by …
Article • February 15, 2009
California Assesses Retroactive Fees For Courthouse Construction by California State prisoner Timothy McCoy appealed the assessment of fines and penalties after violating the terms of his probation. The assessment was affirmed after resolving ambiguous statutory provisions. The court noted that the decision was only applicable in Los Angeles County and …
Article • February 15, 2009
California Court Security Maintenance Fee Held Retroactive, Not Punitive by California State prisoner Tracy Alford sought review of an appellate affirmation allowing the retroactive imposition of a fee in addition to his sentence. The court held that the fee was not punitive and that the Legislature clearly intended for the …
Federal Officials' Refusal To Treat Prisoner's Severed Tendon Settles For $22,500 by Virginia federal prisoner Chris Walker brought a federal tort action against the United States in 1998 after various officials refused to treat his severed Achilles tendon. Jail and prison officials, as well as Bureau of Prisons personnel ignored …
Article • February 15, 2009
$5,000 Settlement For Leavenworth Guards' Unprovoked Beating Of Federal Prisoner by Illinois federal prisoner Kerry Dixon brought a combined Bivens and federal tort action against the United States in 1994 after guards beat him without just cause at the United States Penitentiary in Leavenworth, Kansas (USP Leavenworth) in 1993. The …
Article • February 15, 2009
$11,000 Settlement For Failure To Treat Federal Prisoner's Hepatitis "C" Virus by Illinois federal prisoner Louis Sheptin brought a combined federal tort and Bivens action against the United States in 2000 for the failure to treat and disclose to him that he was infected with Hepatitis "C." The $10 million …
$12,773.46 Settlement After BOP Vehicle Rear Ends Motorist by Tennessee resident Beverly Oliver brought a federal tort action against the United States in 1996 after being rear ended by a Bureau of Prisons (BOP) truck driven by a prisoner. The $75,000 suit settled for $12,773.46. Oliver was a passenger in …
Article • February 15, 2009
$20,000 Settlement After Citizen Falls At Federal Medical Center by Missouri resident Wealtha Liggins brought a federal tort action against the United States in 1996 after she fell at the Federal Medical Center (FMC) in Kentucky. The $500,000 suit settled for $20,000. Liggins was a guest at the FMC in …
$40,000 Settlement After BOP Employee Causes Automobile Accident by West Virginia resident Lillian Poindexter brought a federal tort action in 1997 against the U.S. Department of Justice (DOJ), the Federal Bureau of Prisons (BOP) and federal agent Mari Higgins after being struck by Higgins' vehicle. The $139,000 suit settled for …
$50,000 Settlement In Memphis Policeman's Training Injury by Memphis (Tennessee) policeman Michael Cockerell and his wife Linda brought a federal tort action against the United States in 1999 after he fell during an obstacle course training exercise at a federal facility. The $1,500,000 suit settled for $50,000. Cockerell was training …
$125,000 Settlement In BOP Guard Induced Prisoner's Death by Parents of deceased ex Kentucky federal prisoner, Marcus Dascenzo, brought a federal tort action against the United States in 2002 after a guard's failure to treat their son resulted in his death. After the Department of Justice's initial refusal to pay …
$185,000 Settlement For Man Needlessly Beaten By Seattle Police by Seattle resident Maikoiyo Alley Barnes (plaintiff) brought a 42 U.S.C. § 1983 action against Seattle police after being beaten in 2005 for questioning a sergeant's motives to ticket his friend for littering. The suit settled for $185,000. The plaintiff questioned …
Article • February 15, 2009
$250,000 Settlement After LA Sheriff's Bullet Hits Innocent Bystander by The County of Los Angeles (L.A.) proposed a settlement of $250,000 after an innocent bystander was wounded by a ricocheting bullet. An investigation cleared sheriff's deputies of any wrongdoing but litigation was feared to result in a greater loss. L.A. …
Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Alaskan Prisoner in Arizona Can Enforce CCA Contract by The Supreme Court of Alaska held that state prisoners incarcerated at a private prison in Arizona can enforce portions of the contract between the Alaska Department of Corrections (DOC) and Corrections Corporation of America (CCA) that incorporate provisions of Smith v. …
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