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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 …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, filed suit against prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a …
Article • August 15, 2008
TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored by Texas federal prisoner Albert Aranda and approximately 100 other prisoners filed suit against the Texas Department of Criminal Justice (TDCJ) in 1989. They alleged constitutional violations for male prisoners being strip searched by female guards. The court ordered …
Article • August 15, 2008
Kansas Prison Double Bunking Approved if ACA Standards Met by Thomas Porter and other Kansas state prisoners filed suit against the state and prison officials (defendants) alleging prison overcrowding, and subsequently objected to a proposed increase in the prison population by double bunking. The action alleged too little space per …
Article • August 15, 2008
Forcing WV Prisoner to Wear Jail Garb At Sentencing Violates Due Process Clauses by Jeffrey Finley, a West Virginia state prisoner, was convicted of murdering his neighbor. The trial court, believing it had unfettered discretion to make him wear jail clothes at sentencing, denied his request to wear street clothing …
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