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Fifteen Minute Cell Checks Insufficient to Shield Texas Jail from Liability for Inmate Suicide by Fifteen Minute Cell Checks Insufficient to Shield Texas Jail from Liability for Inmate Suicide A Texas federal court refused to grant summary judgment to a sheriff who claimed that his policy of having jailers check …
CCA Pays $6,000 Settlement in Dangerous Conditions Causing Tennessee Prisoner’s Slip and Fall by CCA Pays $6,000 Settlement in Dangerous Conditions Causing Tennessee Prisoner’s Slip and Fall Corrections Corporation of America paid $6,184.71 to settle a claim brought by Metro-Davidson County Detention Facility prisoner James A. Reese, who alleged negligence …
CCA and Aramark Pay $2,000 Settlement in Prisoner’s Slip and Fall Suit by CCA and Aramark Pay $2,000 Settlement in Prisoner’s Slip and Fall Suit The Corrections Corporation of America (CCA) and Aramark Correctional Services (Aramark) paid a combined $2,000 to settle a Tennessee prisoner’s slip and fall claim. The …
Article • June 10, 2015
California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated by California: Government Immunity Does Not Shield Officials from Decision to Keep Wrong Person Incarcerated In August 2007, the California Supreme Court held that the governmental immunity provision of Government Code (GC) §845.8(a) did not shield …
Dismissal of State-Created Danger Claim Reversed by David Reutter Dismissal of State-Created Danger Claim Reversed by David M. Reutter The Third Circuit Court of Appeals reversed a district court’s order dismissing a civil rights action that alleged the disclosure of a confidential informant’s status established a state-created danger in violation …
Victorianne v. County of San Diego, CA, Amended Complaint, Meth Ingestion, 2015 Case 3:14-cv-02170-WQH-BLM Document 82 Filed 06/02/15 Page 1 of 51 1 EUGENE G. IREDALE, SBN 75292 JULIA YOO, SBN 231163 2 GRACE JUN, SBN 287973 3 IREDALE & YOO, APC 105 West F Street, Fourth Floor 4 San …
Section 1983 Litigation, Karen Blum Journal Article, 2015 SECTION 1983 LITIGATION: THE MAZE, THE MUD, AND THE MADNESS Karen M. Blum* INTRODUCTION Some of us were there at the “founding,” and I don’t mean in 1871 when 42 U.S.C. § 19831 was originally enacted as the Ku Klux Klan Act,2 …
Brief • May 19, 2015
Smith v. Co of LA, CA, Order re Def MTD, 4th Am immunity, 2015 Case 2:11-cv-10666-DDP-PJW Document 161 Filed 05/19/15 Page 1 of 14 Page ID #:2884 1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 REGINALD LENARD SMITH, …
Article • May 6, 2015 • from PLN May, 2015
Filed under: Qualified Immunity
Maryland County Jail Guards Receive Rights Mirroring Those of State Prison Guards by Maryland County Jail Guards Receive Rights Mirroring Those of State Prison Guards A new Maryland law extends legal rights to guards at two county jails during investigations and disciplinary proceedings similar to those provided to guards in …
Article • May 6, 2015 • from PLN May, 2015
Filed under: Premises Liability
$7,500 Award for Ohio Prisoner in Slip and Fall Accident by David Reutter $7,500 Award for Ohio Prisoner in Slip and Fall Accident by David Reutter An Ohio Court of Claims awarded over $7,500 to a prisoner for injuries suffered from a slip and fall, after finding liability for negligence …
Waters v. City of Arlington, TX, Complaint, inmate death restraints strangulation, 2015 Case 4:15-cv-00384-A Document 1 Filed 05/20/15 Page 1 of 8 PageID 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION BOBBIE WATERS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF JONATHAN …
Brief • April 27, 2015
Smith v. County of LA, CA, Plf Opp to MTD 4th Am Complaint, wrongful identification, 2015 Case 2:11-cv-10666-DDP-PJW Document 151 Filed 04/27/15 Page 1 of 19 Page ID #:2790 1 DONALD W. COOK, CSB 116666 ATTORNEY AT LAW 2 3435 Wilshire Blvd., Suite 2910 Los Angeles, CA 90010 3 manncook@earthlink.net …
Brief • April 21, 2015
Smith v. County of LA, CA, 4th Amended Complaint, wrongful identification, 2015 Case 2:11-cv-10666-DDP-PJW Document 150 Filed 04/21/15 Page 1 of 38 Page ID #:2752 1 DONALD W. COOK, CSB 116666 ATTORNEY AT LAW 2 3435 Wilshire Blvd., Suite 2910 Los Angeles, CA 90010 3 manncook@earthlink.net (213) 252-9444 4 (213) …
Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement by Mark Wilson Third Circuit: Lack of Training for Jail Guards Bars Summary Judgment; $150,000 Settlement by Mark Wilson On April 11, 2014, the Third Circuit Court of Appeals held that a jail’s failure to train guards …
Article • April 9, 2015 • from PLN April, 2015
Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide by Mark Wilson Third Circuit: No Supervisory Qualified Immunity for Prisoner Suicide by Mark Wilson On September 5, 2014, the Third Circuit Court of Appeals affirmed the denial of qualified immunity to supervisory prison officials for inadequate third-party medical care resulting …
Brief • March 19, 2015
Goodwin v. Painesville, OH, Appeal Opinion and Order SJ - Qualified Immunity, Excessive Force Taser, 2015 Case: 14-3120 Document: 31-1 Filed: 03/19/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk …
Dimora v. Northeast Ohio Corrections Center, OH, Order, Inmate Injury, 2015 Case: 4:14-cv-01221-BYP Doc #: 23 Filed: 03/11/15 1 of 7. PageID #: <pageID> PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES DIMORA, Plaintiff, v. NORTHEAST OHIO CORRECTIONS CENTER, et al., Defendants. ) ) ) …
Article • March 5, 2015 • from PLN March, 2015
Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson Eighth Circuit Reverses Denial of Qualified Immunity; Prisoner Proved Neglect, Not Deliberate Indifference by Mark Wilson On March 25, 2014, the Eighth Circuit Court of Appeals reversed a district court&rsquo;s denial of qualified immunity …
Article • March 5, 2015 • from PLN March, 2015
Sovereign Immunity Doesn’t Bar Attorney Fee Award Against Georgia DOC by David Reutter Sovereign Immunity Doesn&rsquo;t Bar Attorney Fee Award Against Georgia DOC by David Reutter The Georgia Supreme Court held on June 16, 2014 that sovereign immunity does not bar an award of attorney fees and litigation costs against …
Jones v. Taser Intl, CA, 2nd Amended Complaint, taser false claims risks cardiac arrest, 2015 Case 2:15-cv-00496-PSG-PJW Document 25 Filed 02/26/15 Page 1 of 29 Page ID #:273 EXHIBIT "A" 1 John Burton, CA State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 4 East Holly Street, Suite …
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