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Illinois: No Parental Immunity for Residential Child Care Institution by In this wrongful death suit, the Supreme Court of Illinois held that parental immunity did not extend to a residential child care institution. Twelve-year-old Waketta Roy Wallace (Roy), a ward of the Illinois Department of Children and Family Services, was …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Article • May 15, 2007
Georgia: Sheriff, Jail Personnel Not Liable in Prisoner's Suicide by In this civil rights action brought by the parents of a county prisoner who committed suicide, the Court of Appeals of Georgia affirmed a superior court's grant of summary judgment in favor of the sheriff and jail officials. After confessing …
Article • May 15, 2007
No Arraignment, Imprisonment For Civil Debt Raise Fact Issues by The United States Court of Appeals for the Sixth Circuit held that issues of fact precluded summary judgment of an arrestee's civil rights action stemming from his warrantless arrest and his imprisonment for failure to pay fines and court costs, …
South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
No Due Process Violation for False Arrest on Valid Warrant by The U.S. Supreme Court held that a §1983 action in which Respondent alleged his right to due process was violated by a faulty arrest did not state a claim since the arrest was pursuant to a valid warrant. After …
Article • May 15, 2007
Court Modifies Education Plan for Rikers Island Youth by By David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the …
Article • May 15, 2007
D.C. Prisoner's $125,000 Award for Medication Denial, Back Injury Upheld by In this case involving a prisoner who was denied pain medication and was subsequently injured in a fall, the District of Columbia. Court of Appeals held that standard of care was established, proximate cause was proven, and the $125,000 …
Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed by Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed Colorado state prisoner David K. Jenner, and several other prisoners, filed a federal complaint pursuant to 42 U.S.C. §§ 1983 and 1985 alleging …
Article • May 15, 2007
California Federal Court Awards Falsely Arrested/Imprisoned Man $850,000 by On December 31, 2003, the U.S. District Court for the Central District of California awarded $850,000 to a man who was falsely arrested and imprisoned for seven weeks due to misidentification by the federal Drug Enforcement Agency (DEA). In 1999, the …
Texas Woman Fired For Reporting Abuse Awarded $202,000 by On July 14, 2004, a district court in Harris County, Texas, awarded $202,000 to a woman who was fired for reporting a guard's abuse of a juvenile. While imprisoned at the Harris County juvenile probation department's Burnett Bayland Reception Center on …
Article • May 15, 2007
Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request by Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request Federal prisoner Edward Trowell filed a federal habeas corpus petition seeking review of a Bureau of Prisons (BOP) rejection of a nunc pro tunc designation …
Article • May 15, 2007
Muslim Prisoner Entitled to Prayer Oil; RLUIPA Held Constitutional by A federal district court in Wisconsin has held that a Muslim prisoner is entitled to possess prayer oil in his cell, and held the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is constitutional. Prisoner Jerry Charles filed …
Article • May 15, 2007
No Equal Protection Violation For Sex/Non-Sex Offense Parole Periods by Colorado Department of Corrections prisoner John Harper filed a post-conviction motion claiming an equal protection violation for imposing an additional period of mandatory parole for a non-sex offense, while those convicted of sex offenses committed prior to July 1, 2002, …
Article • May 15, 2007
Notice of Summary Judgment Requirements Mandatory for Pro Se Prisoners by A federal district court must provide pro se prisoners with fair notice of summary judgment requirements prior to dismissal. District of Columbia jail prisoner Wayne Hudson filed a petition for declaratory judgment and motion for appointment of counsel. Hudson …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Article • May 15, 2007
Alaska Pays Victims of Prisoner-Orchestrated Mail Bomb $2.6 Million by Following a verdict for the plaintiffs in December 1995, the State of Alaska agreed to settle with the victims of a prisoner-orchestrated mail bomb for $2.6 million. On September 17, 1991, plaintiffs, the father and stepmother of a witness who …
Article • May 15, 2007
Maine Prisoner Subjected to Excessive Force Awarded $30,000 by On October 3, 1997, a federal jury in Bangor, Maine awarded a state prisoner $30,000 in punitive damages and $2.00 in nominal damages. The prisoner had claimed he was subjected to excessive force by two guards at the state's supermax prison …
Article • May 15, 2007
California Settles Inadequate Psychiatric, Medical Care Suit for $1.5 Million by On May 16, 1996, the State of California agreed to settle for $1.5 million a lawsuit arising from the attempted suicide of a 21-year-old prisoner who was left permanently disabled. Though the plaintiff was known to be suicidal, prison …
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