Skip navigation

Search

6767 results
Page 223 of 339. « Previous | 1 2 3 4 ... 219 220 221 222 223 224 225 226 227 ... 335 336 337 338 339 | Next »

Article • August 15, 2008
Factual Allegations Sufficient for Nutritional and Retaliation Claims to Proceed by by Robert Williams Holding that sufficient facts had been alleged, the U.S. Court of Appeals for the Tenth Circuit reversed a lower court’s dismissal of a prisoner’s claim of inadequate nutrition and retaliation for filing grievances. Michael Strope, a …
Jury Must Determine Whether Prisoner’s Failure to Exhaust Administrative Remedies was Based on Threats / Retaliation by by David M. Reutter The Seventh Circuit Court of Appeals has held that when there are material facts in dispute about whether prison officials threatened or intimidated a prisoner into not exhausting administrative …
Florida DCF Responsible for Transportation of Mental Patients Committed Under Fla. Stat. § 393.11, et seq. by David Everette, a Florida state mental patient, was committed to the Department of Children & Family Services (DCF) under Fla. Stat. 916.13, et seq., after being found incompetent to stand trial for an …
Article • August 15, 2008
Filed under: Medical, HIV/AIDS, Food
Prisoner With AIDS Not Entitled to Snack of Choice by The failure of the defendants to provide the HIV-positive plaintiff with the brand name dietary supplement he wanted was not deliberately indifferent. He raised only a difference of opinion about medical treatment. Defendants provided him with appropriate medical attention, including …
PLRA Applies to Immigration Detainee’s Conditions Suit by The plaintiff is an INS detainee. The court says that his failure to exhaust administrative remedies pursuant to the PLRA is sufficient reason to dismiss, contrary to other courts that have held immigration detainees not to be prisoners under the PLRA. The …
Colorado County Sheriff, Jail Nurse Liable For Detainee's Leg Amputation, Illness by Park County (Colorado) Jail detainee and Mexico citizen Moises Reyes brought § 1983 and state law action against the Park County Board of County Commissioners (BCC), Sheriff Fred Wegener, Captain Monte Gore and nurse Vickie Paulsen after losing …
Hawaii State Officials Granted Immunity In Prisoner Beating by Hawaii State pro se prisoner William Aholelei brought a § 1983 action against the Department of Public Safety and various other state officials (defendants) after being assaulted in 2003 by fellow prisoners. He appealed the defendants' summary judgment grant for sovereign …
Article • August 15, 2008
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard by The plaintiff alleged that she was raped by a guard, resulting in pregnancy; the officer was confirmed as 96% likely to be the father. At 420: "... [R]umors and innuendoes of sexual impropriety between inmates and prison guards …
Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability by At 575-76: ... [T]here is a complex intersection between qualified immunity and supervisory liability. If a plaintiff can establish the requisite indifference in the face of a policy or widespread and pervasive abuses caused by a policy, the …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
Article • August 15, 2008
Supreme Court Denies Mandatory Settlement Class Certification by Asbestos companies approached a group of plaintiffs' lawyers to discuss a "global settlement" of their tort liability, resulting in the filing of a mandatory class action that would bind all future claimants with no opt-out provision and thus permanently limit the defendants' …
Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Suit Over Mental Patient’s Murder Dismissed by The decedent was strangled by another mental patient, who had the previous day threatened to kill someone in order to be transferred to the other building, and who had attempted to choke another patient previously. The defendant doctor had met with the assailant …
No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Article • August 15, 2008
$185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination by Ohio State Resident Sheila Smoot, acting as administratrix of her deceased husband Robert's estate, brought suit for racial discrimination and retaliatory termination in 2006 against the Hillcrest Training Center (HTC) juvenile facility. The suit settled for $185,000. …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Article • August 15, 2008
Failure to Protect Suit Dismissed by The plaintiff had a separation order from another prisoner whose brother he had killed. He was assaulted by that prisoner, who was permitted to be in the same population only because of error. There was no showing that the defendants actually knew about the …
Fired Whistleblowing Rec Staff Allowed to Amend Complaint by The plaintiff, a prison "recreation specialist," alleged that he was fired because of his complaints of lack of safety in the workplace. The court first says that his complaints about lack of personal security amount to no more than negligence, even …
Immigration Detainee Loses Failure to Protect Suit by The plaintiff immigration detainee was attacked by another prisoner and was warned not to retaliate against him. He was involved in a second altercation the next day in which the other prisoner "got cut"; the plaintiff was later criminally convicted for the …
Article • August 15, 2008
1992 Order to Change Georgia Jail Conditions Lifted Under PLRA by Cherokee County, Georgia Sheriff Roger Garrison moved for the termination of a 1992 consent order implemented to improve conditions at the county jail. The motion was granted because no current or recent violations had been proven. In 2002 the …
Page 223 of 339. « Previous | 1 2 3 4 ... 219 220 221 222 223 224 225 226 227 ... 335 336 337 338 339 | Next »