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$1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit by $1.18 Million In Santa Clara Co. Sexual Assault/Harassment Suit Female prisoners were awarded a total of $1,180,000 in damages and attorney's fees in the settlement of a suit filed against the Santa Clara County, California, Board of Supervisors and Department …
Article • January 15, 2001 • from PLN January, 2001
Cursory Medical Treatment Cruel and Unusual by The U.S. court of appeals for the Eleventh Circuit held that a failure to diagnose a prisoner's colon cancer may have been extremely negligent, but it did not rise to the level of deliberate indifference. However, a factual dispute precluded summary judgment on …
Article • January 15, 2001 • from PLN January, 2001
Eleventh Amendment Immunity for Illinois Sheriff Denied by Denial of a county Sheriff's motion for dismissal of an arrestee's civil rights suit was affirmed when the Seventh Circuit upheld a district court's ruling that an Illinois Sheriff is a county officer and Eleventh Amendment immunity did not apply. Mario DeGenova …
Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
$586,000 to Settle KY Jail Strip Search Suit by On January 25, 2000, Jefferson County, Kentucky, announced it would pay $586,000 to 31 people strip searched after being booked into the Jefferson county jail on minor traffic offenses in 1993. Previously, PLN reported that Jefferson County had paid $11.5 million …
$100,000 Settlement in TX Restraint Chair/Pepper Spray Death by On February 22, 2000, Tarrant County, Texas agreed to pay a $100,000 settlement to the estate of James Livingston, 30, to settle a wrongful death suit. On July 6, 1999, Livingston was arrested on a trespassing warrant. He was allegedly abusive …
Family Wins $12.9 Million Award in Michigan Jail Death Suit by Ronald Young By Ronald Young Eddie B. Swans Sr., the personal representative of the estate of Edward Swans, brought a 42 U.S.C. § 1983 civil rights action against the City of Lansing, Michigan. The Chief of Police Jerome Boles, …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • May 15, 2000 • from PLN May, 2000
$115,000 Settlement in Seattle Jail Strip-Search Suit by John E Dannenberg by John E. Dannenberg King County and the City of Seattle settled a wrongful strip-search suit for $115,000 on May 21, 2003 and also agreed to change strip-search policies at King County jails. Jasmine Wells and Brian Walton, college …
Article • May 15, 2000 • from PLN May, 2000
Denial of Medication Precludes Summary Judgment by The U.S. district court for the southern district of Ohio held that a genuine issue of material fact precluded summary judgement against an arrestee who was denied needed AIDS medication during his eight-day jail incarceration. Devin Karl Murphy brought a 42 U.S.C. § …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
Jury Awards $700,000 to Chicago Jail Worker for Sexual Harassment by On July 2, 2003, a federal jury in Chicago, Illinois, awarded $700,000 in damages to a female employee of the Chicago jail in Illinois who was sexually harassed and assaulted by a male co-worker. Kathleen Kessel, 35, and Beverly …
New York Federal District Court Rules Nassau County Strip Search Policy Unconstitutional by Ray E. Shain was arrested in Nassau County, New York, after police received a domestic disturbance call, and subsequently remanded by a Nassau County District Court Judge to the custody of the Nassau County Sheriff at the …
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Cell Feed Status May Give Jailer Actual Notice of Need to Protect Prisoner by The First Circuit has held that the fact a jail supervisor knew a prisoner was on cell feed status may have given him actual notice of the prisoner's protective custody status when he placed the prisoner …
Washington Municipalities Liable for Attacks by Probationers by The Washington state Supreme Court held that municipalities have a duty to protect others from reasonably foreseeable harm resulting from the dangerous propensities of probationers and pretrial releasees under their supervision. In 1990 Barry Krantz raped a 6 year old little girl …
New Jersey Jail Settles Chemical Burn Suit for $900,000 by On April 20, 1999, Atlantic County, New Jersey, paid $900,000 to settle a lawsuit involving extensive chemical burns suffered by a prisoner forced to do calisthenics in a pit filled with caustic chemicals. David Zamot was a non violent offender …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
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