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Article • May 15, 2007
Alabama Prisoners Injured By Unhealthy Living Conditions Settle For $53,000 by Eight prisoners injured by unhealthy living conditions at the Loxley Community Work Center settled their claim for $53,000. The prisoners had alleged multiple injuries, including one who suffered dehydration and a rash. In their lawsuit, filed in Mobile County, …
Article • May 15, 2007
Georgia $892,138 Settlement For Stroke/Brain Damage Caused By Cops by In March 1996, the County of Decatur, Georgia, agreed to pay $892,138 to a man who claimed he was assaulted by deputies while imprisoned in the county jail and suffered a stroke and brain damage as a direct result. Following …
Article • May 15, 2007
Attorney Awarded $55,976.19 For Limited Success In Class Action Lawsuit by The U.S. District Court for the Southern District of New York awarded reduced fees and costs of $55,976.19 to an attorney who demonstrated only modest, individual success in his broad civil rights class action complaint challenging New York City's …
Article • May 15, 2007
New York Court Awards $33,000 For Saw-Related Hand Injury by In August 1997, a New York court of claims awarded $33,000 to the estate of a prisoner who lacerated three fingers on his left hand while using a table saw as part of his work assignment at the state prison. …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
Article • May 15, 2007
New York Prisoner Awarded $70,423 for Fractured Femur in Football Fall by In August 1997, a court of claims in Albany, New York, awarded $70,423 to a state prisoner who fractured his right femur on the prison's recreation yard. The injury occurred in September 1992 when the prisoner tripped over …
Article • May 15, 2007
Ohio Prisoner Assaulted By Militant Group Awarded $70,000 by In July 1997, the U.S. District Court for the Northern District of Ohio awarded $70,000 to a prisoner who was assaulted by a militant group while imprisoned in the Trumbull County Jail. The 45-year-old prisoner, a white male, suffered a fractured …
Article • May 15, 2007
Appeals Courts Have Wide Discretion in Class Certification Appeals by Courts of appeals have unfettered discretion to permit or deny interlocutory appeals of class certification orders, provided for by a 1998 amendment to the Federal Rules of Civil Procedure. This discretion is analogous to that exercised by the Supreme Court …
Article • May 15, 2007
White Police Man's Discrimination Suit Dismissed by A white deputy sheriff terminated for excessive force against a black arrestee after a high-speed chase failed to prove racial discrimination absent evidence that he was treated more harshly than others because of his race. The fact that he might have been treated …
Retaliatory Transfer Suit Dismissed by The plaintiff alleged that his custody level was increased, he was transferred to a prison where he could not be in general population, and denied parole in retaliation for his filing a private criminal complaint about actions by prison staff. In a heavily fact-based opinion …
Arkansas Field Death Suit Dismissed by The decedent died of heat exhaustion on his first day on the hoe squad (on November 6, mid-afternoon temperature 72 degrees). Although overweight, he had been medically cleared for the work detail; there were hourly breaks for rest, water, and smoking; there was no …
BOP Hernia Suit Dismissed for Non Exhaustion by The plaintiff complained of delay in hernia surgery but did not exhaust administrative remedies. His argument that the remedy doesn't provide damages was rejected in Booth v. Churner. His claim that he was denied the necessary forms is rejected because he filed …
No Hiring Liability for Brutal Arkansas Jail Guards by The plaintiff alleged excessive force. The deputy who allegedly used a "knee drop" on the plaintiff, severing his intestine, has previously been found not entitled to qualified immunity. A deputy who hit the plaintiff several times in the face while he …
Article • May 15, 2007
Female Guard Supervision of Naked Male Prisoners Upheld by The plaintiff challenged the use of female guards to monitor male prisoners in bathrooms and showers even though male guards were not used to monitor women under similar circumstances. The plaintiff's challenge to strip search practices was dismissed by the district …
Article • May 15, 2007
Leg Brace during Criminal Trial is Harmless Error by A criminal trial judge's decision to require the defendant to wear a leg brace during the trial, based only on unsworn hearsay testimony regarding a potential witness's plan to "do 'stuff,'" without evidence the defendant was going to participate in the …
Minor Plaintiff's FTCA Claims Not Tolled by The decedent, an immigration detainee, was killed by another detainee. His wife's and adult children's Bivens claims were time-barred, but the claims of the minor children are tolled under California law until they file suit or reach the age of majority. The fact …
Article • May 15, 2007
No Liability for Death of Arrestee Who Caused Police Car Crash by The decedent was arrested while drunk and was placed in the back of a police car rear-cuffed. The officer did not shackle his legs, fasten his seatbelt, or close the plexiglass partition between front and back seats. The …
Discovery Materials Presumptively Public by At 1121: "Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows 'good cause' why a protective order is necessary." The fruits of discovery are "presumptively public." "For good cause to exist, the party seeking …
Plaintiff Must Prove Liberty Interest in Avoiding Segregation by The plaintiff received a 30-day punitive segregation sentence and alleged deprivations of due process. At 1065: Assessing atypical and significant hardship is a question of fact that may require more than the complaint to assess, but this plaintiff filed hundreds of …
Doctors Can Be Held Liable in Heat Death of Obese Mental Patient by The decedent, an obese diabetic suffering from hypertension with a heart condition with abnormal EKG readings, was involuntarily committed to a psychiatric hospital where he took psychotropic medications. He died on a day with 90 degree heat …
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