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Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Article • May 15, 2007
City Liable For Police Rape, $300,000 In Damages Awarded by The Supreme Court of California held that the City of Las Angeles could be held liable under the doctrine of respondeat superior for a rape committed by a police officer employed by the city. After stopping Plaintiff for driving erratically, …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Article • May 15, 2007
Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
Article • May 15, 2007
$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
Article • May 15, 2007
Supreme Court Holds Damage Awards to be Reviewed De Novo by Review of a trial court's determination of the constitutionality of punitive damages should be de novo. At 1684: Despite the broad discretion that States possess with respect to the imposition of criminal penalties and punitive damages, the Due Process …
Article • May 15, 2007
8th Circuit Remands Damages Seizure for Reconsideration under Hankins v. Finnel by In an unpublished opinion, the Eighth Circuit Court of Appeals reversed a district court order refusing to enjoin Missouri from attaching a § 1983 judgment for incarceration costs. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) …
Article • May 15, 2007
Mental Exam Barred in Discrimination Suit by An employee did not place her mental condition sufficiently "in controversy" to require her to submit to a mental examination under Rule 35, Fed.R.Civ.P., by alleging emotional distress as an element of damages in a Title VII discrimination case. While her mental condition …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
Article • May 15, 2007
$1,660,000 Verdict for False Arrest by New York City Police Officer Sammy Gaurd was about to place a parking ticket on John McLaughlin's vehicle, when McLaughlin, who was a city meter operator, got into a verbal dispute with Gaurd, calling him an idiot. Gaurd then assaulted McLaughlin and arrested him …
Article • May 15, 2007
$70,000 Verdict in Georgia Prisoner's Assault by Guards by After he was escorted to his cell for disciplinary segregation, Georgia prisoner Ernest D. Johnson was beat unconscious by guards Brian Breeden and Sgt. Rudolph Gomez. Once inside the cell, the guards attacked Johnson. They choked, stomped, and struck him with …
Article • May 15, 2007
Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
Article • May 15, 2007
Having Won Compensatory Damages in State Court, Suit for Punitives Dismissed by The plaintiff, having won his excessive force case in the state Court of Claims and been awarded $3,151.38, cannot pursue an Eighth Amendment claim based on the same incident, even though he wished to pursue punitive damages, which …
Article • May 15, 2007
Damage Awards to 22 Minority Cops Upheld by A jury awarded $50,000 to each of 22 black or black-Hispanic police officers transferred on racial grounds to the precinct where Abner Louima was tortured. The court affirms. At 55: It is well-established that courts may award emotional distress damages in section …
Article • May 15, 2007
Jail Insurance Agreements Subject to Discovery by In a jail strip search suit, the court holds that reinsurance agreements between a self-funded insurance pool of counties and its reinsurers are subject to disclosure under Fed.R.Civ.P. 26(a)(1)(D) governing discovery of insurance agreements. See: Tardiff v. Knox County, 224 F.R.D. 522 (D.Me. …
Article • May 15, 2007
Damages for Racial Discrimination Claim Upheld, Explained by The court declines to disturb an award of $12,500 per plaintiff for an episode of racial discrimination for which only nominal and not compensatory damages were awarded. The Supreme Court has acknowledged that its presumptive ratios of punitive to compensatory damages may …
Article • May 15, 2007
Damages Reduced in CT Police Failure to Protect from Police Case by A jury awarded $2,000 compensatory and $200,000 in punitive damages in a case involving a police official's refusal to act on a request for protection from another police officer. The court concludes that some punitive damages are appropriate …
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