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Article • December 15, 2007
Brutality Claims Must Be Exhausted by Excessive force claims are prison conditions claims for purposes of exhaustion; the statutory language is ambiguous but the statutory intent supports this conclusion, especially since force claims often come packaged with other kinds of claims that would have to be exhausted The court rejects …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
Maine Strip Search Case Nets $825,000 in Attorney Fees by In a class action strip-search case against York County, Maine, that settled for $3.3 million, a federal court awarded class counsel attorney fees totaling 25 percent of the settlement, $825,000. The court also directed counsel to provide documentation of "accrued …
Article • December 15, 2007
Plaintiffs Granted SJ in Maine Strip-Search Case by A federal court in Maine granted a class of detainees summary judgment against the Knox County Jail for strip searches conducted without individualized suspicion. Class counsel called the decision a "slam dunk," while defense counsel complained that the judge "got it wrong." …
$620,000 Settlement for Florida Jail Beating Death by While imprisoned in Florida's Palm Beach County Jail, a 35 year old Haitian laborer was beaten by guards. He sustained in June 1985, a broken neck and was left in his cell with no medical treatment. When he was finally taken to …
False Arrest Nets Guard and Wife $1.2 Million by A Florida jail guard and his wife, a jail food safety inspector, have been awarded $1,231,700 for their arrest on false charges of smuggling drugs into the jail. On September 11, 2003, Lawrence and Gayle Femminella were arrested on charges of …
Gay NJ Guard Awarded $2.8 Million for Sexual Harassment, Discrimination by A New Jersey gay female jail guard was awarded $2,847,188, for discrimination, sexual harassment, and retaliation. Karen Caggiano began working in the prison transport unit of the Essex County Sheriff's Department in August 1993. "Caggiano, a lesbian and one …
Article • December 15, 2007
$57,700 Verdict for Attack on Sleeping NY Jail Prisoner by The New York Supreme Court upheld a $57,700 verdict for a 31-year-old Jail prisoner who was attacked as he slept. Mr. Morales was a New York prisoner when he was assaulted while he slept. He suffered "a fractured zygoma, requiring …
Article • December 15, 2007
Attack by Fellow Prisoner Nets South Carolina Prisoner $30,000 by A South Carolina Court awarded a prisoner $30,000 for injuries he suffered when attacked by another prisoner at the Greenville County Jail. Mr. Edwards was a prisoner at the Greenville County Jail when he was attacked by another prisoner. He …
Article • December 15, 2007
Filed under: Mental Health, Suicides
Attempted Hanging Suit Settled for $1.5 Million by California Jail by A California prisoner was paid $1.5 million to settle a suit for injuries incurred when he attempted to hang himself. Mr. Davey was a 21-year-old prisoner when he attempted to hang himself with a bed sheet in a California …
Article • December 15, 2007
Florida’s Private Prison Industry a State Agency Entitled to Sovereign Immunity by Florida's Private Prison Industry a State Agency Entitled to Sovereign Immunity Florida's First District Court of Appeal has held that Florida's private prison industry, Prison Rehabilitative Industries and Diversified Enterprises (PRIDE), is a state agency entitled to sovereign …
Article • December 15, 2007
Beating by Kentucky Jail Guards Results in $1,150,000 Jury Verdict by A federal jury awarded a Kentucky man $1,150,000 for a beating during arrest. Mr. Sosa, a Hispanic man suffering from AIDS, was arrested and charged with public intoxication. While confined in the jail, Sosa was kicked, handcuffed to a …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
Article • December 15, 2007
Seeking Evidence for DNA Testing Allowed Under § 1983 by The plaintiff's § 1983 suit seeking access to the biological evidence against him for purposes of challenging his criminal conviction was not in the nature of habeas corpus and did not require exhaustion of state judicial remedies. The plaintiff sought …
Article • December 15, 2007
Heck Applies to Suits Over Seized Property by Heck v. Humphrey applies to pending criminal cases as well as to convictions, so a plaintiff's 1983 claim arising from the seizure of property on which a dismissed criminal case was based does not accrue until the dismissal. A claim of sale …
Charging Prisoner for Injured Guard’s Medical Expenses Upheld by Charging Prisoner for Injured Guard's Medical Expenses Upheld The plaintiff complained that money was taken out of his account to pay medical expenses of an officer injured in a disturbance he was disciplined for, and that the procedures were deficient. However, …
Article • December 15, 2007
Filing of Lawsuits Generally Protected Under First Amendment by At 1080 n. 4: "... [T]he First Amendment generally immunizes the act of filing a lawsuit from tort liability under the Noerr-Pennington doctrine. ... Only 'sham' lawsuits fall outside the Noerr-Pennington cloak of immunity. ... A lawsuit is a 'sham' if …
Article • December 15, 2007
Harassment By Prisoners Cannot Create a Hostile Work Environment by Evidence that the plaintiff ex-prison employee "cried a lot" and the inmates and co-workers "got on her nerves" do not establish that she has a disability; she may have been depressed or anxious but submitted no medical evidence or evidence …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
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