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Washington: Failure-to-Protect Suit against King County Allowed to Proceed by The Washington Court of Appeals has reversed a superior court ruling dismissing on res judicata grounds a "Complaint for Damages" filed by a prisoner against King County, alleging that he was raped by other prisoners in the tenth floor shower …
Article • April 15, 2013
Ninth Circuit: Officer May Be Liable for Unlawful Seizure and Conspiracy by On September 29, 2011, the Ninth Circuit Court of appeals held that a Michigan police officer who conspired to falsely arrest a man was not entitled to summary judgment. Nidal Bazzi, a felon on federal supervised release, was …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
Chicago Police Hit with Big Judgment and “Code of Silence” Finding by Derek Gilna Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Fifth Circuit Affirms Dismissal of Case Involving Texas Jail Prisoner’s Suicide by The Fifth Circuit Court of Appeals reluctantly affirmed a lower court's dismissal of a Texas jail suicide case. In April 2004, 23-year old Jamie Whitt was arrested on three misdemeanor charges and lodged in the Stephens County Jail. …
Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals has held that Oklahoma City can not be held liable for the actions of disgraced forensic chemist Joyce A. Gilchrist, who was employed in the city’s …
Article • March 15, 2012
Tenth Circuit Affirms Dismissal of § 1983 Complaint Which Fails to Specifically Connect Defendants to Alleged Violations by Tenth Circuit Affirms Dismissal of § 1983 Complaint Which Fails to Specifically Connect Defendants to Alleged Violations In an unpublished decision, the Tenth Circuit has affirmed the dismissal without prejudice of a …
$500,000 Jury Award for Rape of New York Pretrial Detainee Reinstated on Appeal by On August 18, 2011, the Second Circuit Court of Appeals reversed a New York federal district court’s entry of judgment for the defendants. The district court had thrown out a $500,000 jury verdict in favor of …
Article • February 15, 2012
Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or Prospective by Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or …
Article • November 15, 2011
State Not Liable for Escaped Juvenile Detainee’s Murder of Store Owner by The federal district court of the District of Columbia granted summary judgment to the defendants in a lawsuit seeking damages resulting from a store owner’s murder by an escaped juvenile detainee. The action was brought by the wife …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
California: $2,005,000 Verdict for Wrongful Death Caused by Police Officers’ Excessive Force by After four days of trial and five hours of deliberations, on April 11, 2011, a federal jury found that defendant police officers had used excessive force against a mentally ill man, which caused his death. The jury …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company by The State of Montana and Montana counties may be held liable for mistreatment and injuries caused by private prisoner transportation companies, the Supreme Court of Montana held. Jaydon Paull was arrested in 2003 …
Article • May 15, 2010
TDCJ Pays $43,000 in Settlement of Traffic Accident Liability by On August 30, 2007, Texas Department of Criminal Justice (TDCJ) agreed to pay $43,749 for damages incurred in a traffic accident on March 21, 2006 in Snyder, Texas. Although TDCJ contends it is not liable, the vehicle that caused the …
Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit by On October 28, 2009, a New York federal court denied in part New York City jail officials' motion for summary judgment in a lawsuit brought by a Rikers Island pretrial detainee after guards allegedly ignored his request for …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found …
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