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Article • May 15, 2007
Pennsylvania Prisoner Awarded $5,000 for Crushed Finger by In January 1998, a Pennsylvania prisoner was awarded $5,000 in arbitration against the City of Philadelphia. The plaintiff alleged the bone in his left finger was crushed in February 1996 when the bed in his cell tipped over. The plaintiff sued in …
Article • May 15, 2007
Filed under: Work, Workplace Injury
Washington Prisoner Awarded $16,695 For Back Injury by In April 1998, a Snohomish County, Washington, prisoner was awarded $16,695 in arbitration for injuries sustained when he fell from a County vehicle. The plaintiff claimed that in April 1996 while laboring on a work crew for the county jail he fell …
Article • May 15, 2007
Prison Assault Conviction Reversed Due to Faulty Jury Instruction by Florida's Second District Court of Appeals has reversed a prisoner's conviction for battery by a person detained in a prison or jail facility. After his conviction from events that occurred at the Charlotte Correctional Institution, prisoner Jeffrey Humbert appealed. At …
Article • May 15, 2007
Fourth Circuit Vacates Maryland Beating Verdict by The Fourth Circuit Court of Appeals has reversed a jury's verdict finding guards at the Maryland Correctional Adjustment Center violated a prisoner's Eighth Amendment rights by using excessive force on him. Quinten X. Jackson claimed guards used excessive force on him in two …
Court Approves Continued Pennsylvania Prisoner's Segregation Beyond 21 Years by The Third Circuit Court of Appeals has held that despite 21 years in solitary confinement, Pennsylvania prisoner Daniel Delker has received all the process he is due and prison officials may continue to confine him. Delker has been kept in …
Title VII Suit Dismissed for Lack of Exhaustion by The plaintiff's Title VII hostile work environment claim is dismissed for nonexhaustion because he didn't include it in his EEOC charge and it is not "reasonably related" to the claims he did assert. At 1100: "Pro se plaintiffs must strictly comply …
Delaware Medical Contractor's Policies Deliberately Indifferent by A Delaware Superior Court has denied a motion to dismiss a complaint alleging First Correctional Medical (FCM) was deliberately indifferent to the serious medical needs of prisoner Gregory D. Smith, causing his death. The suit alleged FCM's policies, procedures, and customs displayed a …
Selective BOP Prosecution Based On Race Unproven by Federal prisoner Frederick DeBerry (an African-American) located at the Bureau of Prisons (BOP) Florence, Colorado, facility, and two other African-American prisoners at this facility, appealed the District of Colorado's decision that they had not met their burden of proof of both discriminatory …
Article • May 15, 2007
Random Searches Of Pennsylvania Prison Visitors' Vehicles Held Constitutional by In a ruling that applies the limited rights of prisoners to those who visit prisoners, the U.S. District Court for the District of Pennsylvania held that prison officials can randomly search visitors' vehicles regardless of individualized suspicion or cause. On …
$641,000 Settlement In Beating Death Of Alabama Jail Prisoner by Following the death a man who was allegedly beaten by jailers in a Montgomery, Alabama, jail, the City settled with the man's estate for $641,000. The decedent was arrested in June 1997 for fondling a 10-year-old girl and imprisoned in …
Article • May 15, 2007
Assaulted New York Jail Prisoner Awarded $330,000 by In October 1998, a New York court awarded $330,000 to a man who was seriously injured in an attack by other prisoners at a Westchester County jail. The plaintiff claimed that while imprisoned by Westchester County in September 1992, he was moved …
Estate of Murdered Tennessee Prisoner Awarded $75,000 by In January 1999, a Tennessee court awarded $75,000 to the estate of a prisoner who was attacked and killed by another prisoner. The estate claimed that prison officials were negligent for housing the decedent with a convicted murderer who had previously threatened …
Article • May 15, 2007
Federal Prisoner's Estate Awarded $78,000 for Suicide by In July 1998, a federal court awarded $78,000 to the estate of a prisoner who committed suicide at a federal prison in Missouri. The estate claimed in the lawsuit that prison medical personnel failed to provide medication for the decedent's known depression. …
Article • May 15, 2007
No Due Process Violation For Termination Of Incarcerated Father's Parental Rights by No Due Process Violation For Termination Of Incarcerated Father's Parental Rights The Tennessee Court of Appeals upheld the termination of a Federal prisoner's Parental rights as not violating due process. The father's rights were terminated by the trial …
Missing Finger Tips Cost Washington DOC $2,500 by In February of 1997, the State of Washington and the Department of Corrections paid Richard L. Campbell $2,500. On January 18th, 1996, Campbell, a prisoner residing at Washington Corrections Center in Shelton, Washington, was working in the kitchen's meat room when he …
Article • May 15, 2007
New York Prisoner Awarded $6,000 For Hernia by In June 1998, a New York court of claims awarded $6,000 to a state prisoner who sustained a hernia while moving church pews as part of his work assignment. The plaintiff contended in his lawsuit that prison officials were negligent for failing …
Article • May 15, 2007
New York Prisoner Awarded $12,500 For Inadequate Ulcer Treatment by In June 1998, a New York court of claims awarded $12,500 to state prisoner who claimed he received substandard medical care while imprisoned. The plaintiff claimed that in December 1994 prison medical personnel inadequately treated his simple ulcer. The defendants …
Article • May 15, 2007
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
Contract Doctor Negligently Liable As Agent Of State DOC by State prisoner Joe Medley filed a medical negligence claim with the North Carolina Industrial Commission alleging that a doctor hired by the Department of Correction s(DOC), caused the amputation of his leg due to infection. The Commission granted summary judgment …
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