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Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
Article • July 15, 2008
Illinois "Occupational License" Clause Exempts Liquor Licensee's Criminal Background From Disclosure by The City of Springfield (Illinois) appealed a 1985 court production order for criminal background information regarding liquor licensee Donald Jackson, Jr., requested under the State's Freedom of Information Act (Act) by The Copley Press, Inc. (Press). The order …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
Article • July 15, 2008
North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited by North Carolina State prisoner William Hearst petitioned for review of an appellate affirmation denying him 81 days credit for treatment program confinement. The affirmation was reversed and remanded to credit the 81 days, Hearst pled guilty for …
$200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion by 15 year old Illinois Youth Center (IYC) prisoner Jeffrey Watts brought federal action against several IYC employees for cruel and unusual punishment in failure to protect after fellow prisoner Derrick Greaves allegedly attacked …
Article • July 15, 2008
Pennsylvania Prisoners' Privacy not Unlawfully Invaded by Mayor's Monitoring Their Cells via Video Camera from His Home by Robert DeBlasio and Deborah McFadden, prisoners in a Pennsylvania county jail, sued the county, its cops and its mayor for invasion of privacy after learning that the mayor monitored their cells from …
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 …
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