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Florida Prison Visitor Awarded $43,000 for Slip and Fall
Article • May 15, 2007
Filed under: Immunity/Liability, Premises Liability
Florida Prison Visitor Awarded $43,000 for Slip and Fall by On October 24, 2002, a Florida court awarded $43,302.52 to a woman who injured her back when she slipped and fell in the visitation area of the Baker Correctional Institution. Dorothy Jackson, 65, was visiting her son, a state prisoner …
Missouri Attaches Prisoner's Award Against CMS, 8th Cir Remands
Article • May 15, 2007
Filed under: Private Prisons, CMS, Damages, State Law Claims, Seizure of Prisoner Funds
Missouri Attaches Prisoner's Award Against CMS, 8th Cir Remands by On July 28, 2003, the U.S. 8th Circuit Court of Appeals ordered a district court to reconsider whether the State of Missouri could confiscate a prisoner's judgment against a prison medical provider under the state's cost of incarceration statute. Acting …
New Jersey Juvenile Raped By Guards Settles For $500,000
Article • May 15, 2007
Filed under: Sexual Assault, Staff-Prisoner Assault
New Jersey Juvenile Raped By Guards Settles For $500,000 by On May 24, 2002, Morris County, New Jersey, paid $500,000 to settle with a former prisoner who was sexually assaulted by two guards at the Morris County Juvenile Detention Center. While imprisoned in the detention center in September 1997, Mary …
New York Prisoner Assaulted By Guards Awarded $300
Article • May 15, 2007
Filed under: Skeletal Injury, Pat Searches, Excessive Force, Guard Brutality/Beatings
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
New York Prisoner Injured In Fall From Bunk Awarded $75
Article • May 15, 2007
Filed under: Injury -- Misc., Immunity/Liability, Premises Liability
New York Prisoner Injured In Fall From Bunk Awarded $75 by On October 14, 2004, a court of claims in Syracuse, New York, awarded $75 to a state prisoner who was injured when he fell from his improperly assigned upper bunk. Prisoners at the Cape Vincent Correctional Facility are typically …
Prisoner Crippled In Texas Jail Settles For $2.25 Million
Article • May 15, 2007
Filed under: Conditions of Confinement, Failure to Protect (General), Expert Witnesses
Prisoner Crippled In Texas Jail Settles For $2.25 Million by On May 12, 2000, the City of Harlingen, Texas, paid $2,250,000 to settle a federal civil rights lawsuit brought by a man who was rendered quadriplegic following an assault in the city jail. In his 42 U.S.C. § 1983 lawsuit, …
Washington: $260,000 to Family of Woman Killed By Escaped Prisoner
Article • May 15, 2007
Filed under: Immunity/Liability, Parole Liability, Murder by Parolees
Washington: $260,000 to Family of Woman Killed By Escaped Prisoner by On November 5, 1991, the State of Washington agreed to pay $260,000 to the family of a woman who was kidnapped and murdered by an escaped work release prisoner. In 1988, while serving a 12-year sentence for two separate …
WA Jail Time for Consecutive Sentences Cannot Apply to Both Sentences
Article • May 15, 2007
Filed under: Sentencing
WA Jail Time for Consecutive Sentences Cannot Apply to Both Sentences by Tony Costello is a Washington state prisoner. He was in the King County Jail between February 2000 and April, 2002 on two separate felony cause numbers. He was convicted in both and given consecutive prison sentences. The jail …
WA Prisoner's Rights Not Violated by Interrogation Without a Lawyer or Miranda Warnings
Article • May 15, 2007
Filed under: Self Incrimination, Crime/Demographics, Criminal Prosecution
WA Prisoner's Rights Not Violated by Interrogation Without a Lawyer or Miranda Warnings by WA Prisoner's Rights Not Violated by Interrogation Without a Lawyer or Miranda Warnings Darrell Everybodytalksabout was convicted of 1st degree murder for the stabbing death of Rigel Jones in 1996. While the case was on appeal …
Federal Parole Condition Denying Parolee Contact with His Minor Daughter Upheld
Article • May 15, 2007
Filed under: Sentencing, Parole Conditions, Fathers in Prison, Mothers in Prison
Federal Parole Condition Denying Parolee Contact with His Minor Daughter Upheld by In January of 2004, Gregory Smith completed a 10-year sentence for drug and firearm violations. His parole officer ordered him to stay away from his minor daughter. Even so, he went to several schools looking for her and …
Los Angeles County Settles Minor's Sexual Assault Claim While In Custody
Article • May 15, 2007
Filed under: Sexual Assault, Staff-Prisoner Assault
Los Angeles County Settles Minor's Sexual Assault Claim While In Custody by On November 2, 2005, Los Angeles County recommended a $300,000 settlement and an assumption of a $21,520.25 Medi-Cal lien for a claim that 17-year-old Kiana M. was sexually assaulted while alone with a County Probation Officer, in Juvenile Hall. Kiana M. …
Negligence Insufficient to Make Prison Officials Liable
Article • May 15, 2007
Filed under: Disciplinary Hearings, Liberty Interests, Failure to Protect (General)
Negligence Insufficient to Make Prison Officials Liable by Robert Davidson, a New Jersey state prisoner, filed suit under 42 U.S.C. § 1983 against prison officials for negligent failure to protect him from another prisoner. After being threatened by the other prisoner, Davidson sent a note reporting the threat which found …
Kentucky: Women Sexually Harassed By Jail Officials Awarded $230,000 Each
Article • May 15, 2007
Filed under: Sexual Harassment, Staff-Staff Harassment, Retaliation against Staff, Whistleblowing, Employee Litigation
Kentucky: Women Sexually Harassed By Jail Officials Awarded $230,000 Each by On September 18, 2002, a jury in the U.S. District Court for the Eastern District of Kentucky awarded a total of $230,000 to each of two women, former employees of the Whitley County Jail, who alleged sexual harassment and …
Illinois Prisoners Win Ex Post Facto Good Time Claim
Article • May 15, 2007
Filed under: Limitations, Ex Post Facto, Good Time, Immunity/Liability, Qualified Immunity
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Alaska: 1991Tort Reform Legislation Facially Constitutional
Article • May 15, 2007
Filed under: Civil Procedure, Damages, Limitations
Alaska: 1991Tort Reform Legislation Facially Constitutional by The Supreme Court of Alaska held that tort reform legislation enacted by the Alaska Legislature was facially constitutional, Plaintiffs, persons considering tort actions, sought declaratory judgment voiding the legislation. The 26, SLA 1997 legislation "included many new tort law including including caps on …
Supreme Court Sets Summary, Judgment Standard of Proof
Article • May 15, 2007
Filed under: Media
Supreme Court Sets Summary, Judgment Standard of Proof by Respondents Liberty Lobby, a nonprofit corporation, and its founder and treasurer, Willis Carto, filed a federal diversity libel suit against the company publishing The Investigator magazine (Petitioners), and some of its officers after the magazine ran articles depicting Respondents as neo-Nazis, …
No Presentence Entitlement to NJ Prison Commutation Credit
Article • May 15, 2007
Filed under: Sentencing, Good Time
No Presentence Entitlement to NJ Prison Commutation Credit by Robert Buncie and three other New Jersey state prisoners filed a state court action claiming equal protection and due process violations for not receiving prison commutation credit prior to sentencing. The trial court held that prisoners are not entitled to such …
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision
Article • May 15, 2007
Filed under: Disciplinary Hearings, Disciplinary Appeals, Service
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision by The Commonwealth Court of Pennsylvania held that a state prisoner should be allowed to file an out of time appeal because he had received no answer regarding the administrative disposition of his appeal of a disciplinary decision. Eric Tulio, a prisoner …
Washington Prisoner Prevails In Alleged Failure To Register As Sex Offender
Article • May 15, 2007
Filed under: Discrimination, Sex Offender Registration, Criminal Prosecution
Washington Prisoner Prevails In Alleged Failure To Register As Sex Offender by Washington State prisoner Gilbert Stratton was convicted by a Cowlitz County trial court of failure to register as a sex offender. Stratton had defaulted on the purchase of a residence but received permission from the real estate agency …
Denial Of Disability Benefits For Intent to Flee Questioned
Article • May 15, 2007
Filed under: Money/Property, Social Security
Denial Of Disability Benefits For Intent to Flee Questioned by Felipe Fowlkes, an elderly New York resident, appealed the denial of his Federal civil rights petition suspending his Supplemental Security Income (SSI) benefits for allegedly having the intent to flee to evade arrest or prosecution of a Virginia felony larceny …
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