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Article • July 15, 2008
Personal Relationship with Prisoner Merits Washington Guard’s Dismissal by The Washington State Personnel Appeals Board (PAB) has held that dismissal of a prison guard is an appropriate sanction for the guard engaging in a personal relationship with a prisoner, gave prisoners gifts, food, and cigarettes, and engaged in conversations of …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
8th Circuit Upholds Dismissal of False Imprisonment Action by The Eighth Circuit Court of Appeals upheld a lower court’s grant of summary judgment to Defendants on a false imprisonment claim. On January 2, 1983, James Buckley was murdered in St. Louis, Missouri. Ellen Maria Reasonover came forward as a witness …
Article • July 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury’s award of $236,000 to a former Gloucester County jail guard who claimed he was forced to retire because of an eye disability. Plaintiff Michael Raspa, …
Article • July 15, 2008
Bruise from Push by New York Prison Guard Nets $100 by A New York prisoner who struck his face on a doorjamb when a guard pushed him through a doorway was awarded $100. New York prisoner Andrew Harvey was on the recreation yard at Watertown Correctional Facility when a riot …
Article • July 15, 2008
Cell Extraction of Missouri Prisoner Resulting in Facial Injuries Nets $20,000 by A Missouri prisoner who sustained facial injuries during a cell extraction was awarded $20,000. A five-man movement team entered Mr. Davis-El’s cell to search it. Davis-El was placed facedown on the concrete floor and a guard punched him, …
Article • July 15, 2008
Deaf California Man Awarded $100,000 for False Arrest/Detention by A deaf California man who was detained for 22 hours because of his inability to understand and communicate with police officers was awarded $100,000. In January 1988, a deaf cabinetmaker, Mr. Jeno Koth, entered a Wells Fargo Bank to cash his …
Article • July 15, 2008
Delaware Law Bars Prisoner Access to DOC Files by The Delaware Supreme Court held that state law prohibits prisoners from accessing their Department of Corrections (DOC) files. On September 9, 1980, three Delaware prisoners were denied access to their DOC central files. Under the Delaware Freedom of Information Act (DFIA), …
Article • July 15, 2008
Alabama DOC Settles Witchcraft Suit for $7,500 by An Alabama prisoner who was denied the right to exercise his religious beliefs was paid $7,500 to settle the case. Alabama prisoner Timothy Hornsby sued in state court alleging that he suffered mental anguish when prison officials denied him the right to …
Article • July 15, 2008
No Liberty Interest in Illinois Segregation by The Seventh Circuit Court of Appeals affirmed the dismissal of an Illinois prisoner’s due process and retaliation claims, finding that his allegations “effectively plead him out of court.” Illinois prisoner Christopher Lekas “cultivated a relationship on ‘friendly terms’ with Tyone Murray, a female …
Article • July 15, 2008
New York Prisoner Falls in Kitchen Netting $868,516 by A New York prisoner who was injured when he fell in the prison kitchen was awarded $868,516. In May 1991, 29-year-old prisoner, Mr. Lopez, slipped in liquid on the kitchen floor. He “suffered a fractured tibia, resulting in varus and rotation …
Retaliation Against Female Kentucky Prison Guard Nets $240,000 by A Kentucky jury awarded a female guard $240,000 for retaliation. Patricia McCullough was employed for 13 years as a guard at North Point Training Center in Boyle County, Kentucky. “Despite appropriate reviews and a clean record,” she was “passed over for …
Article • July 15, 2008
Scuffle With Guards Earns New York Prisoner $250 by A New York prisoner who was subjected to excessive force was awarded $250. Mr. McNeill, a 25-year-old New York prisoner being transferred within the prison, was tripped and kicked by guards. He suffered facial lacerations, a bloody nose, and abrasions on …
Article • July 15, 2008
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
Article • July 15, 2008
Slip-Fall Injuries Net $3,250 for New York Prisoner by A New York prisoner who was injured when he slipped and fell on an electrical outlet box was awarded $3,250. Mr. Brito, a 38-year-old prisoner suffered low back pain, and developed ulcers from medication, when he slipped and fell on an …
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 • July 15, 2008
Wrongful Arrest Leads to Rikers Island Rape and $206,900 Verdict by A New York man who was wrongfully arrested, detained and raped by a prisoner was awarded $206,900. Mr. Wade, a 23-year-old cook was arrested while he was a store patron, because he fit the description of another person who …
Article • July 15, 2008
Police Chief Only Responsible If He Knows Danger Of Jail Suicide; Jury Award Vacated by On March 10, 1989, the Appellate Court of Illinois held that a police chief could not be held responsible for a jail suicide even if the chief promulgated a policy of not giving intoxicated arrestees …
Article • July 15, 2008
Filed under: Mental Health, Suicides
Police Only Responsible If They Know Danger Of Jail Suicide by On July 27, 1982, the Supreme Judicial Court of Massachusetts held that city police officers could only be held responsible for the suicide of a jail prisoner if they knew or reasonably should have known he was suicidal. Joseph …
Article • July 15, 2008
Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit by Martin Schandel, a paroled Washington state sex offender, raped Margaret Savage. She sued the state for negligent supervision because Schandel wasn't being tested for drug and alcohol use, and wasn't being required to participate in mental health treatment. At …
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