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Article • May 15, 2007
District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 by District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 The United States District Court for the District of Columbia (D.C.) held that the district can be sued under 42 U.S.C. §1983. Twenty-three D.C. prisoners at the Lorton Reformatory …
Article • May 15, 2007
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Article • May 15, 2007
Beating Noisy Arkansas Prisoner Unjustified by The plaintiff's allegation that he was sitting on a bench in a cell and two guards entered and beat him was sufficient to withstand summary judgment. The fact that he had been yelling and kicking the walls previously did not provide a basis for …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Article • May 15, 2007
Prison Officials Denied Qualified Immunity in Strip Search of Visitor by The Eighth U.S. Circuit Court of Appeals reversed a district court's grant of summary judgment on grounds of qualified immunity a strip search of a prison visitor by Arkansas prison officials. Burlis Smothers, the mother of a prisoner at …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
Qualified Immunity Defense Waived in Jail Suit by The court of appeals for the Fifth circuit held that Louisiana jail conditions were unconstitutional due to overcrowding, a lack of programs and no outdoor exercise for the prisoners. After a trial finding the defendants liable, the district court, sua sponte, raised …
Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
Texas Attorney-Client Interference Damage and Fee Award Upheld by The court of appeals for the Fifth circuit upheld a damage award of $10, 231 plus unspecified attorney fees, when a Texas prison deliberately interfered with the right of prisoners and counsel to meet concerning prison conditions and post conviction relief …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was …
Damages and Attorney Fees Awarded in Forced Medication Suit by The court of appeals for the Tenth circuit held that a Utah pretrial detainee's right to due process was violated when he was forcibly medicated with psychotropic drugs. District court entered judgment on a jury award of $100 actual and …
$22,500 Awarded, Due Process Required for Forced Drugging by $22, 500 Awarded, Due Process Required for Forced Drugging The court of appeals for the Seventh circuit held that an Indiana prisoner was competent to decide whether or not to take medication for schizophrenia. The prisoner was forcibly drugged and the …
Article • May 15, 2007
Qualified Immunity for Urine Samples in Presence of Parole Officer by The court of appeals for the Eighth circuit held that a Nebraska parole officer was entitled to qualified immunity from a parolee's lawsuit that he was required to provide urine samples for drug testing in the officer's presence. The …
Sheriff's Delay Or Denial Of Detainee's Serious Medical Needs Ruled Sufficient To Defeat Summary Judgment Motion by The Fifth Circuit US Court of Appeals ruled that a sergeant's actions that resulted in delay or denial of medical care to a county jail detainee who subsequently died from alcohol withdrawal seizures …
Article • May 15, 2007
Louisiana Sheriff Denied Qualified Immunity in Detainee's Suicide by The Fifth Circuit issued a mixed ruling after Louisiana Sheriff's officers appealed the denial of qualified immunity on a jail suicide matter. In August 1996, Sheila Jacobs was arrested for attempted murder. Sheriff Bill Daniel was told that she had tried …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
Article • May 15, 2007
Washington DOC Pays $156 for Losing Court Tape by In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and …
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