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Article • May 15, 2007
Collect Only Telephone Calls to Attorneys Denies Access to Counsel by The California First District Court of Appeal has held that pre-trial detainee's have a right to a direct line telephone to the public defender's office (PDO). The Court found that a newly installed collect-only phone system denied jail prisoners …
D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
California: Guard Hit by Contractor Awarded $405,242 for Knee Injury by On December 22, 2000, a California superior court awarded a prison guard $405,242 for a knee injury he sustained when he was hit by a prison contractor's vehicle. On February 4, 1999, plaintiff Steven Churchill was working as a …
Article • May 15, 2007
California Man Awarded $55,000 for False Arrest by On October 25, 2002, a California jury awarded $55,000 to a man who was falsely arrested by the Los Angeles County Sheriff's Department and held in jail for approximately 4 1/2 days before being released. Plaintiff Roger Brass was arrested on the …
Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims by Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims The Colorado Court of Appeals reversed the dismissal of a man's state law and § 1983 claims against the Sheriff of Arapahoe County and four deputies for …
Article • May 15, 2007
Filed under: Medical, Hepatitis
Dismissal of HCV Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed the grant of summary judgment to defendant prison officials by the U.S. District Court, Eastern District of Kentucky in a case involving treatment for Hepatitis C Virus (HCV). Kentucky prisoner David Johnson sued Kentucky prison officials …
Texas: State Court Erred In Dismissing Prisoner's Federal Claims by The Texas Supreme Court held that it was error for a state district court to dismiss for lack of jurisdiction a prisoner's federal claim against prison guards. Dan Thomas, a Texas state prisoner, was allegedly injured during transfer to another …
Article • May 15, 2007
San Mateo, California Jail Strip Search Plaintiffs Win Class Certification by The U.S.D.C. (N.D. Cal.) granted plaintiff's F.R.Civ.P. Rule 23 motion for class certification of her civil rights action against San Mateo County, California for the class of strip searched pre-arraignment jail detainees between February 3, 2002 and December 2, …
Article • May 15, 2007
Prisoner Claim of Medical Co-payment and Delay in Treatment for Aspirin Dismissed by Prisoner Claim of Medical Co-payment and Delay in Treatment for Aspirin Dismissed Colorado Department of Corrections prisoner Benito Negron filed a State mandamus action seeking relief from a prison policy of co-payment for medical services and an …
Article • May 15, 2007
Limits on Prisoner Legal Mail and Photocopy Expenses Affirmed by Colorado Department of Corrections prisoner Benito Negron filed a state court lawsuit against prison officials alleging that administrative regulations violated his right to court access and freedom of speech by limiting legal photocopies and postage, amounting to cruel and unusual …
Article • May 15, 2007
Filed under: Medical Expenses, Juveniles
L.A. County Pays $46,752 for Hospitalization of Juvenile Injured During Arrest by by John E. Dannenberg The County of Los Angeles (L.A.) settled a claim brought by St. Francis Medical Center for hospitalization of a juvenile who was severely injured when his car crashed while he was evading arrest. On …
$9,000 Paid in WA Retaliation Suit by Airway Heights Correction Center prisoners Derek E. Gronquist and Donald H. Turpin filed a 42 U.S.C. § 1983 in the Eastern District of Washington federal court. The Complaint alleged they were subjected to retaliatory disciplinary action resulting from lawsuits they filed upon the …
Article • May 15, 2007
$10,000 Paid in WA Chaining to Fence and Beating Suit by Shelton Correctional Center prisoners Timothy Griswald, Ricky Renteria, and Anthony Holland filed suit in the Western District of Washington federal court alleging they were chained to a fence and beaten several times. One incident lasted over eight hours, and …
Article • May 15, 2007
$25,000 Paid in WA Parolee Negligent Supervision suit by Mark Bulzomi suffered serious and permanent injuries when Zachery Euse violently drove his vehicle into Bulzomi's. Euse was on community supervision by the Washington Department of Corrections, and he was driving without license. Bulzomi filed a negligent supervision claim in the …
Article • May 15, 2007
$500 Paid in WA Work release Lost Property Claim by Cynthia M. McGinnis had property stored at the Reynolds Work Release Center, and upon her return the property cage was open as were her property boxes. Stored inside were a new stereo and various clothing and personal items which were …
Article • May 15, 2007
Filed under: Classification, HIV/AIDS
Nevada Supreme Court Upholds Segregation of HIV-Positive Prisoners by Nevada state prisoner Brian Lepley appealed a trial court decision denying his federal civil rights claim that he should not be segregated from other prisoners because he is HIV-positive. The Nevada Supreme Court held that Lepley's complaint "did not state a …
Article • May 15, 2007
$200,000 Awarded In New York Prisoner Assaulted By Guard Suit by In 2000 the New York, Court of Claims awarded $200,000 in damages to a prisoner who was assaulted by a guard at the Gowanda Correctional Facility in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin filed suit …
Article • May 15, 2007
New Mexico County Settles Sex Assault Claim for $40,000 by During the week of June 26, 2000, San Juan County, New Mexico, agreed to settle for $40,000 a former prisoner's lawsuit that claimed she was sexually assaulted by two jailers at the county jail. Plaintiff Sandra Lucero alleged that during …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
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