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Article • May 15, 2007
$30,000 Paid for Broadcasting Florida Jail Strip-Search by After being arrested for battery on a law enforcement officer, resisting arrest with violence, and disorderly conduct, the plaintiff in this case was taken to Florida's Delray Beach Police Department's holding cell to await his transport to the Palm Beach County Jail. …
Article • May 15, 2007
$4,000 Paid for Retaliation Claim by In April 1993, a Nevada prisoner sent a letter critical of a prison official to a local newspaper. When prison officials learned of it, the warden disciplined the prisoner, subjecting him to five days of disciplinary detention and certain privileges were revoked, The prisoner's …
Article • May 15, 2007
Burned Foot Nets $9,000 for Florida Jail Prisoner by While incarcerated at Florida's Volusia County Jail in March 1993, the prisoner plaintiff in this case was working in the jail's kitchen, which was operated by Szabo Correctional Services. Boiling water from the steam kettle spilled onto the prisoner's right foot, …
Article • May 15, 2007
Guard Beating Nets $18,000 for Florida Jail Prisoner by While imprisoned at Florida's Alachua County Jail in October 1993, a 40-year-old prisoner was thrown to the ground and kicked by a guard. The prisoner incurred cervical strains and sprains. His lawsuit was settled for $18,000. See: Gay v. Allachua County, …
Article • May 15, 2007
Prisoner Found Negligent, Ordered to Pay $40,000 in Attorney Fees by A 31-year-old Florida prisoner was assigned to work on a sanitation truck on a work release squad from Zephyrhills Correctional Institution when the truck struck a pole, throwing him from the truck. The prisoner sustained a TMJ and cervical …
Article • May 15, 2007
$600,000 Verdict in Excessive Force Case to Ohio Jail Prisoner by After being involved in a car accident and arrested for drunk driving, Craig A. Burdine was taken to Ohio's Ottawa County Jail. While being removed from the jail's elevator, Burdine was choked unconscious by Deputy Bruce M. Szilagye. Burdine …
Article • May 15, 2007
Oregon Architects Not Liable For Design Negligence In Detainee Suicide by Oregon state prisoner Paul Lyche committed suicide by hanging himself in a year old Washington County jail cell. Lyche's estate sued for negligence on the part of the architects. The federal district court granted summary judgment for the architects. …
Former Florida Guard Awarded $49,000 Despite Summary Judgment Against Her by Diane Wilbur, a former guard at the Cypress Creek Correctional Facility, a juvenile correctional facility in Citrus County, Florida, filed a Federal lawsuit pursuant to Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights …
Article • May 15, 2007
Former Federal Prisoner Complaint Barred Against Federal Agency by Former Federal prisoner Ben Siyon Ish Yerushalayim filed a Bivens complaint pursuant to 28 U.S.C. Section 1915 alleging violation of his rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA.) …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Article • May 15, 2007
Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date by Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date In a case of first impression, the California Appellate Court held the waiting period to re-apply for a certificate of rehabilitation by ex felons commences …
Article • May 15, 2007
Mentally Disturbed Prisoner Capable Of Own Litigation For Method Of Execution by The Fifth Circuit held Texas State prisoner Angel Maturino Resendiz was competent to litigate his 42 U.S.C. § 1983 suit alleging Eighth Amendment violation for the method of his execution; however, the lower court erred by dismissing with …
Article • May 15, 2007
Tight Handcuffs, Violent Police Car Ride State Claim by The plaintiff alleged that he was handcuffed too tightly and complained repeatedly about it to the arresting officers; that the officers amused themselves by speeding unnecessarily, braking abruptly, etc., so the plaintiff was thrown around in the police car; that when …
Article • May 15, 2007
Consent Decree Requires More Than Best Efforts by Consent Decree Requires More Than Best Efforts Consent decree provisions that set out mathematically precise criteria and specific dates for defendants' performance could not be interpreted to require only "best efforts." The decree does not excuse nonperformance based on shortage of funds …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Article • May 15, 2007
AL Control Unit Ban on Publications Not Moot Or Ripe by The defendants prohibited administrative segregation prisoners from receiving publications by subscription. When sued, they agreed to allow a subscriptions to newspapers and magazines up to a total of four. However, they put in their regulation an apparent limitation to …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
Perp Walk Suit States Claim by The plaintiff alleged that he was subjected to a "perp walk" in that he was instructed to stand on the steps of the police station and pull a jacket over his head for the benefit of Fox News. The Fourth Amendment's protection "does not …
11th Amendment Bars Prison Guard's FLSA Suit for Unpaid Work by The plaintiff prison staff members sued under the Fair Labor Standards Act alleging that they were forced to do unpaid work at the beginning and end of their shifts. Their claim, even though framed as an individual capacity claim …
Article • May 15, 2007
PLRA Three Strikes Statute Held Unconstitutional by PLRA Three Strikes Statute Held Unconstitutional The court holds that the three strikes provision unconstitutionally restricts court access unless read to affect only non-constitutional claims. At 957: "Although the federal government has a legitimate interest in deterring the filing of frivolous and malicious …
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