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Article • March 15, 2011
$2,000 Settlement in Slander Case; Guard Labeling Prisoner a Snitch by The District of Columbia (DC) paid $2,000 to settle a slander suit filed by prisoner Eric Brown. His complaint alleged that following a February 19, 1998 homicide at the DC Jail, a guard told other guards and prisoners that …
$2,500 in D.C. Prisoner’s Eighth Amendment Suit by The District of Columbia (D.C.) paid $2,500 to settle an Eighth Amendment lawsuit filed by prisoner Cornell Barber. Barber was at D.C.’s Central Facility in Lorton, Virginia in March, 2001. On March 1, Cornell received a hemorrhoidectemy to remove hemorrhoids from his …
Article • March 15, 2011
$2,500 Settlement in DC Prisoner’s Fall from Bunk Suit by The District of Columbia paid $2,500 to settle the lawsuit of prisoner Michael J. Hinnant, for falling out of his top bunk and hitting his head. While incarcerated at the D.C. Jail on March 11, 2004, Hinnant received a bottom …
$3,000 Settlement in D.C. Prisoner’s Failure to Protect Lawsuit by The District of Columbia (D.C.) paid $3,000 to settle the lawsuit of prisoner Eyassu Teklu for negligence. While at the D.C. Jail on January 10, 1998 Teklu was assaulted and battered by another prisoner with an iron pipe, causing severe …
Article • March 15, 2011
$3,000 Settlement in D.C. Prisoner’s Raw Sewage Suit by The District of Columbia (D.C.) paid $3,000 to settle the lawsuit of prisoner Arnold A. Jefferson for negligence. While at the D.C. Jail on September 21, 1999, Jefferson was bitten by a “black worm” from backed up sewage pipes, causing him …
Article • March 15, 2011
$3,500 Settlement in Washington Prisoner’s Freedom of Religion Lawsuit by The State of Washington paid $3,500 to settle the lawsuit of prisoner DeShon Corsey for violating his right to freedom of religion. While incarcerated at Washington State Prison on September 5, 2002, Corsey was hired to work in the kitchen. …
Article • March 15, 2011
$5,000 Settlement for D.C. Prisoner’s Stabbing, Failure to Protect by The District of Columbia (D.C.) paid $5,000 to settle the negligence claim of Octavious Clark for injuries suffered from a stabbing by another prisoner. While at D.C.’s Jail on September 7, 1998, Clark was attacked by another prisoner while watching …
Article • March 15, 2011
$5,000 Settlement in D.C. Jail Prisoner’s Burning Lawsuit by The District of Columbia (D.C.) paid $5,000 to settle the negligence lawsuit of prisoner James Walton. While incarcerated at the D.C. Jail on October 29, 2005, Walton was pulling a wheeled trashcan full of hot water through the kitchen when one …
$5,000 Settlement in DC Prisoner’s Assault with Weapon by The District of Columbia (DC) paid $5,000 to settle the negligence suit of prisoner James Carson for injuries he sustained by the assault of another prisoner. While at DC’s Central Facility on November 11, 2000, Carson was struck by another prisoner …
Article • March 15, 2011
$5,000 Settlement in DC Prisoner’s Wrongful Medical Death Following Surgery by The District of Columbia (DC) paid $5,000 to settle a multi-count complaint in the death of prisoner Benjamin Brown following surgery for a colon reattachment. The complaint concerned the April 20, 2002 death of Brown at DC’s Central Treatment …
MVRA Does Not Permit Victims to Intervene in Another Suit in Order to Collect Restitution by The Mandatory Victims Restitution Act (MVRA) does not allow a victim to intervene into another suit in order to pursue the collection of restitution, the U.S. Court of Appeals for the Ninth Circuit decided …
Illinois Guard’s Wrongful Termination Suit Dismissed; Guard Terminated for Sex with Prisoners by The Seventh Circuit Court of Appeals affirmed a lower court’s dismissal of a Black Illinois guard’s wrongful termination action. In March or April 2003, Nicole Burns, a female detainee at the Cook County, Illinois jail reported that …
Illinois Guard Terminated for Sex with Prisoners; Wrongful Termination Suit Dismissed by The Seventh Circuit Court of Appeals affirmed a lower court’s dismissal of an Illinois African-American guard’s wrongful termination action. In March or April 2003, Nicole Burns, a female detainee at the Cook County, Illinois jail reported that guards …
Article • March 15, 2011
Indiana Excessive Force Suit Not Heck-Barred by The Seventh Circuit Court of Appeals reversed a lower court’s dismissal of an Indiana prisoner’s excessive force suit, concluding that the prisoner’s claims were not barred by Heck v. Humphrey, 512 U.S. 477 (1994). “Police burst into the home of Ty Evans to …
Article • March 15, 2011
Sixth Circuit Certifies to Ohio Supreme Court for Interpretation of State Law by The Sixth Circuit Court of Appeals sua sponte certified questions to the Ohio Supreme Court as to the proper interpretation of the scope of an Ohio statutory scheme restricting internet communications. In 2002, the Ohio Legislature enacted …
Article • March 15, 2011
Michigan Cop’s Mug Shot Releasable Under FOIA by The Michigan Court of Appeals held that a Detroit police officer’s mug shot may be released to the media under the Freedom of Information Act (FOIA). The Detroit Free Press made an FOIA request for the release of the booking photograph of …
Article • March 15, 2011
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
Article • March 15, 2011
NY Prisoner May Refuse Life-Saving Medical Treatment by The New York Supreme Court refused to authorize prison officials to treat a prisoner’s diabetes without his consent. New York prisoner Joseph Barbati suffered from Type II diabetes but refused his insulin shots “because, in his opinion, the side effects of insulin …
Article • March 15, 2011
Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
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