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New Hampshire Supreme Court Revives Prisoner's Negligence Action by Last year the New Hampshire Supreme Court reversed a lower court’s dismissal of a prisoner’s negligence claims, finding they were permitted under RSA 507-B:2. On September 9, 2007, New Hampshire county prisoner Dana Chatman was part of a work crew assigned …
California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned by On January 15, 2013, the California Court of Appeal held that state prison officials were immune from liability, as a matter of law, for decisions that resulted in a prisoner failing to …
Barrett v. Williams, OR, MSJ Opinion and Order, Mail Denied due to Pictures on Envelope, 2013 Case 6:11-cv-06358-HZ Document 103 Filed 11/14/13 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JACOB BARRETT, Plaintiff, Case No. 6:11-cv-06358 OPINION & ORDER v. MAX WILLIAMS, et …
Oates et al v. Dorsey et al, NM, Plf Mot in Support of Prel Settlement, guard brutality threat humiliation nuts to butts, 2013 Case 1:11-cv-00254-MCA-GBW Document 139 Filed 09/16/13 Page 1 of 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO J.O. and ROBERT SALAZAR on …
Oates et al v. Dorsey et al, NM, Settlement, guard brutality threat humiliation nuts to butts, 2013 Case 1:11-cv-00254-MCA-GBW Document 139-1 Filed 09/16/13 Page 1 of 6 SETTLEMENT AGREEMENT Plaintiffs John Oates, Michael Crohan, Joseph Salazar, John Alarid, Robert Salazar and Florentino Sena individually and on behalf of the settlement …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Fifth Circuit Says Private Prisons Liable Under Section 1983 by The Fifth Circuit Court of Appeals held that private prison-management corporations and their employees may be sued under 42 U.S.C. § 1983. “Billy Rosborough is a prisoner of the Bradford State Jail, a Texas prison owned and operated by…Management and …
Article • August 15, 2013
Tenth Circuit: No Qualified Immunity for Strip Search by The Tenth Circuit Court of Appeals affirmed the denial of qualified immunity to a deputy who conducted an improper strip search of a woman confined due to mistaken identity. On April 18, 2005, Lakewood, Colorado police responded to an altercation between …
Article • August 15, 2013
Fourth Amendment: Unclear When Social Workers Violate by A U.S. appellate court held that three state social workers were entitled to qualified immunity from Fourth Amendment violations while a sheriff’s deputy was not. The U.S. Court of Appeals, Sixth Circuit, reviewed the decision of a U.S. District Court in Tennessee …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Article • August 15, 2013 • from PLN August, 2013
DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations by The Court of Appeals for the District of Columbia (DC) Circuit has affirmed a district court's grant of qualified immunity to U.S. Parole Commission officials related to the retroactive application of parole regulations. In 1993, Melvin Taylor was convicted …
8th Circuit Allows Reckless Investigation Suit to Proceed After DNA Evidence Leads to Pardons for Four Convicted Murderers by In October 2012, the Eighth Circuit Court of Appeals held that four individuals (two men and two women), who had pleaded guilty or no contest to a Gage County, Nebraska rape/murder …
8th Circuit: Qualified Immunity Denied to Nebraska Investigative Team Which Manufactured False Evidence to Secure Murder Conviction of Innocent Party by In October 2012, the Eighth Circuit Court of Appeals affirmed the denial of qualified immunity to a team of investigators accused of conspiring to manufacture false evidence and procuring …
Article • July 15, 2013 • from PLN July, 2013
$737,500 Settlement after Seventh Circuit Finds No Qualified Immunity for Prisoner's Suicide by The Seventh Circuit Court of Appeals has upheld a district court's partial denial of qualified immunity in a case involving the suicide of a Wisconsin prisoner. "Jessie Miller led a tragically short and troubled life. Exposed to …
Article • July 15, 2013 • from PLN July, 2013
Ninth Circuit: Enemy Combatant Detention/Torture Not Clearly Established by Last year, the Ninth Circuit Court of Appeals held that recent U.S. Supreme Court precedent compelled it to conclude that federal officials were entitled to qualified immunity for the treatment of enemy combatants detained after the September 11, 2001 terrorist attacks, …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit: Failed Cancer Diagnosis Not Deliberately Indifferent by The Sixth Circuit Court of Appeals has reversed a lower court's denial of qualified immunity to a Michigan prison doctor and nurse accused of failing to diagnose a prisoner's bone cancer. On February 13, 2007, Mound Correctional Facility prisoner Joshua Reilly …
Collins v. Campbell, et al., FL, complaint, medical, 2013
Article • June 15, 2013 • from PLN June, 2013
Fourth Circuit: No Qualified Immunity for Bail Bondsmen; $100,000 Damages Award Upheld by The Fourth Circuit Court of Appeals has upheld a jury verdict and $100,000 damages award, concluding that bail bondsmen are not entitled to qualified immunity. South Carolina bail bondsman Jon E. Ham, through his company Quick Silver …
Article • June 15, 2013 • from PLN June, 2013
U.S. Supreme Court Reinstates BOP Prisoner's FTCA Suit by J.R. Bloom On March 27, 2013, the U.S. Supreme Court clarified that the scope of the Federal Tort Claims Act's waiver of sovereign immunity for certain intentional torts committed by federal law enforcement officials was not limited to executing searches, seizing …
Article • June 15, 2013 • from PLN June, 2013
Oklahoma: Hospital Sues Sheriff over Unpaid Medical Bills, for Third Time by Christopher Zoukis For the third time in the past eight years, Oklahoma County Sheriff John Whetsel has been sued for damages by a local hospital, which accuses him of releasing dozens of jail prisoners to avoid having to …
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