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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 …
Article • May 15, 2007
$6,722 Paid in Improper Lien for WA Attorney Costs by Washington Prisoners Thomas W.S Richey, David E. Jirvoec, and Donald D. Hemphill had their prisoner accounts frozen for assessment of liens for attorney costs related to litigation they had engaged in. However, the cost awards were never made by a …
Iowa Jail Employee's Whistleblower Jury Award Reduced to $258,027 by Matthew Clarke by Matthew T. Clarke On December 31, 2003, a federal judge in Iowa reduced a whistle-blowing former assistant jail administrator's $250,000 jury award for emotional distress to $130,000 while letting stand the remaining award of $128,027 for lost …
Article • May 15, 2007
Fifth Circuit Denies Rehearing in Pugh v. Locke/Newman v. Alabama by The court of appeals for the Fifth Circuit denied en banc review of a class-action suit Alabama prisoners that challenged the conditions of confinement in Alabama state prisons. The ruling on the merits declaring the conditions unconstitutional and consolidated …
Article • May 15, 2007
Fifth Circuit Upholds Refusal to Modify Ruiz Consent Decree by The court of appeals for the Fifth Circuit upheld a district Court ruling denying Texas prison officials' motion to modify prison conditions consent decree. Citing an unexpected, sharp rise in prisoner admissions, to the Texas prison system the defendants in …
Article • May 15, 2007
Most of Ruiz Relief Terminated Under PLRA by Under the PLRA, the district court terminated most of the previously-ordered prospective relief aimed at correcting unconstitutional conditions in Texas prisons. Relief was terminated in areas involving prison staffing, discipline, single-cell housing for prisoners in administrative segregation, access to courts, visitation, overcrowding, …
Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
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