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Texas Warden Axed for Whistleblowing Awarded $300,150 by A Texas prison warden who was fired for reporting corruption was awarded $300,150. Terry Terrell was warden of the Beto I Unit of the Texas Department of Criminal Justice (TDCJ) in Tennessee Colony, Texas. In May 1991, he wrote the Chairman of …
Article • June 15, 2008 • from PLN June, 2008
$154,000 Awarded to Hawaii Prisoner Injured by Jumping from Bunk Bed Without Ladder And Exposed to ETS by Hawaii’s First Circuit Court has awarded a prisoner $153,652.73 in a negligence lawsuit. The prisoner’s claims arise from the failure to provide ladders on bunk beds and failure to enforce a non-smoking …
Article • June 15, 2008 • from PLN June, 2008
New York Prisoner Awarded $322,000 For Hand Laceration by On September 19, 2007, a court of claims in White Plains, New York, awarded $322,000 to a state prisoner who suffered a severe hand laceration while opening a window at the Green Haven Correctional Facility in Stormville. In his lawsuit Jose …
California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor On November 8, 2007, a federal jury awarded a California state prisoner $39,011 for injuries he suffered due to being placed in retaliatory extended lockdowns that prison officials initiated following assaults on staff by …
Article • June 15, 2008 • from PLN June, 2008
Pierce County, WA Jail Settles Jail Strip-Search Suit For $667,000 by Pierce County, Washington settled a class action suit challenging unconstitutional strip searches of specified pretrial detainees in its county jail for $200,000 in damages, $15,000 in administrative costs and $452,000 in attorney fees. In addition, the Superior Court of …
Article • June 15, 2008
Injuries While Attempting to Flee New York Prison Riot Net $132,000 by A New York prisoner who was seriously injured during a riot was awarded $132,000 by the New York Court of Claims. On August 27, 1989, Ronald Duglan, a prisoner at New York’s Cayuga Correctional Facility, was caught in …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
Washington DOC Pays PLN $541,000 for Illegally Withholding Records by Michael Rigby The Washington Department of Corrections will pay Prison Legal News $541,000 for illegally withholding public records. It is the largest records-related settlement in Washington state history, and it brings the total amount PLN has won against the state …
Article • May 15, 2008 • from PLN May, 2008
$3,175,000 Judgment against Private Health Contractor for Illinois Prisoner’s Stroke by $3,175,000 Judgment against Private Health Contractor for Illinois Prisoner's Stroke On January 26, 2007, an Illinois prisoner who claimed he suffered a stroke due to negligence on the part of Health Professionals, Ltd. a private company that contracts with …
Article • May 15, 2008 • from PLN May, 2008
Michigan Prisoner Beaten By Guards Awarded $6,004 by On November 17, 2006, a Michigan jury awarded state prisoner Robert Brooks $6,004 for a beating he received at the hands of two guards. Brooks, who was serving time in a maximum-security Michigan prison for a 1982 murder, claimed he was attacked …
Article • May 15, 2008
Seventh Circuit Discusses Heck and Court Access Claims by The plaintiff sought damages for defendants' hindrance of his efforts to litigate a state court collateral attack on his conviction. The rule of Heck v. Humphrey, "which forbids a convicted person to seek damages on any theory that implies that his …
Article • May 15, 2008
Filed under: Civil Procedure, Damages
Subjective Knowledge Required for Punitive Damages by Under the Supreme Court's Kolstad decision, there must be proof of evil motive or reckless or callous indifference, meaning subjective knowledge that the defendant may be acting in violation of federal law. As a result, prior law holding that in civil rights cases …
Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor by John Dannenberg by John E. Dannenberg On June 29, 2007, the Missouri Court of Appeals ruled that the state must pay a $250,000 judgment awarded in federal district court to a prisoner …
Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA by A Florida federal district court has held that a prisoner's failure to prove long-term physical injuries does not bar a request for damages for long-term mental and emotional injuries. That ruling came in a civil rights action filed …
Article • January 15, 2008
Removal to Federal Court Denied State Court Jurisdiction by The Missouri Court of Appeals held that a state circuit court lacked jurisdiction to rule on a summary judgment motion in a case that had been removed to federal court. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) for …
US appellate court rejects British victims' suit for Guantánamo torture damages by By John Burton On January 11, the United States Court of Appeals for the District of Columbia Circuit dismissed a case brought by four British citizens seeking money damages to compensate them for having been tortured by the …
Article • December 15, 2007 • from PLN December, 2007
$4,500 Jury Award in Delayed Medical Treatment of Illinois Prisoner Upheld by The Seventh Circuit Court of Appeals has held that "verifying medical evidence" to support a prisoner's delayed medical treatment claim can come from the prisoner's medical records and the prisoner. That ruling came in the appeal of prison …
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