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BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
Article • May 15, 2007
Too Low Attorney Fee Award in Jail Beating Vacated by Too Low Attorney Fee Award in Jail Beating vacated The court of appeals for the Fifth circuit affirmed in part, reversed in part and remanded a jury verdict and attorney fee award entered by a district court in Texas. The …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
Prevailing Party in Disciplinary Suit Awarded Fees by Prevailing Party In Disciplinary Suit Awarded Fees The court of appeals for the First Circuit upheld an award of $37,123.85 in attorney fees to a Massachusetts state prisoner who was awarded $1 in nominal damages at trial for due process violations at …
Attorney Fee Award Increased in Conditions Case by The court of appeals for the Fourth circuit upheld a lower court's grant of attorney fees higher than the lawyer's normal rates due to the complexity of the case. The fee award in this class action conditions case in South Carolina totaled …
Article • May 15, 2007
County Liable for Attorney Fees in Jail Contempt Sanction by The court of appeals for the Fourth circuit affirmed a district court ruling filing officials of the Dorchester county jail in Maryland in contempt over jail conditions and liable for plaintiffs' attorney fees. Jail prisoners filed suit over jail conditions …
Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …
Article • May 15, 2007
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …
No Attorney Fees for Prisoner Paralegal by The court of appeals for the Eighth circuit held that a Nebraska prisoner paralegal was not entitled to attorney fees under 42 U.S.C. § 1988 after he successfully challenged prison law library adequacy. Prisoner was awarded limited costs, affirmed on appeal. See: Davis …
Article • May 15, 2007
Out of State Counsel Entitled to Full Fees, Costs by The court of appeals for the First circuit held that the Rhode Island prisoners who prevailed in a prison conditions of confinement suit were entitled to attorney fees under 42 U.S.C. § 1988 for their out of state lawyers. The …
Article • May 15, 2007
Catalyst Theory Allows Fees in Strip Search Suit by The court of appeals for the Fourth circuit held that a plaintiff who voluntarily dismissed a lawsuit challenging a Virginia jail strip search policy, after state law was changed to ban such searches, was entitled to attorney fees for time spent …
Article • May 15, 2007
Attorney Fees Awarded in OK Jail Suit by The court of appeals for the Tenth circuit affirmed an attorney fee award of $144,930.43 to prisoners who successfully sued over conditions in the Tulsa, Oklahoma jail. Court held prisoners' counsel was entitled to a fee enhancement. See: Clayton v. Thurman, 775 …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
IL Jail Strip Search Damage Awards Affirmed by The court of appeals for the Seventh circuit affirmed jury verdicts and damage awards to arrestees subjected to strip searches in the Chicago, Illinois, jail. Three women were arrested for parking ticket violations and failing to produce a driver's license. They were …
Article • May 15, 2007
State Liable for Attorney Fees in Beating Suit by The court of appeals for the Eleventh circuit affirmed $1,500 in compensatory and $25,000 in punitive damages awarded to a Florida prisoner who was beaten and kicked by prison guard interrogators. District court refused to award attorney fees under 42 U.S.C. …
Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
Article • May 15, 2007
Nominal Damage Relief Does Not Warrant Attorney Fee Award by The U. S. District Court for the Eastern District of New York held that even though a prisoner was the "prevailing party" in a civil rights action, a verdict awarding only nominal damages did not warrant an attorney fee award …
Article • May 15, 2007
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney fee award under 42 U.S.C. § 1988 must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such …
Judicial Immunity Does Not Bar Injunctive Relief or Attorney Fees by The U.S. Supreme Court held that judicial immunity did not preclude issuance of injunctive relief against a Virginia state magistrate nor did it bar the award of attorney fees against her in a civil rights action. Respondents were arrested …
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