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City Liable when Informant Killed by City Liable When informant Killed A prisoner's wife sued the Muskogee, Oklahoma city/federal jail under § 1983 for failing to protect her husband, an informant killed by jail prisoners. Plaintiff's husband was convicted but not yet sentenced. Case went to trial and jury awarded …
Summary Judgment Precluded By Fact Issues in Jail Killing by The U.S. Court of Appeals for the First Circuit held that material issues of fact precluded summary judgment in favor of jail officials who were being sued by the family of a murdered prisoner. After William Arena Cortes was killed …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Article • May 15, 2007
Prison Stabbing Violates Eight Amendment by The Sixth Circuit has held that a prisoner's Eighth Amendment rights were violated when he was stabbed to death while prison guards watched and did not render assistance. Prisoner Jerry Fails was working as a janitor at the Tennessee State Penitentiary when he was …
D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
$6,798 Paid for Injuries Sustained in Washington Riot by James C. Cobb and Carvell Gardner, McNeil Island prisoners, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1992, that resulted in a riot that caused death to one prisoner and unspecified to severe injuries to …
Article • May 15, 2007
$685,002 Verdict For Family of Child Killed with Police Radio by This is the case of the kid who fled the police on a bicycle and died after a police officer hit him in the head with his radio. A jury awarded his mother $605,001 for use of force resulting …
No Qualified Immunity in Prison Murder by The Tenth circuit affirmed an Oklahoma district court order denying summary judgment on qualified immunity grounds, and a stay of discovery, to Oklahoma prison officials. The appeals court held that the prisoner's stabbing and strangulation death by other prisoners created a genuine issue …
State Not Liable for Death of Guards by The court of appeals for the Seventh circuit held that the state of Illinois was not liable for the death of three guards and the injury of three guards during a prison riot. The court held the guards had no constitutional right …
$1,063,000 Verdict in Florida Prisoner's Wrongful Death by This action was brought by the estate of decedent, who was in his 30's, alleging improper characterization of prisoners and negligent food distribution. The decedent was placed in a cell with a convicted murderer. A dispute erupted over orange juice. The ensuing …
$3,251,000 Verdict Rendered in California Detainee's Murder by On April 8, 1992, a 32 year-old was arrested for parole violation and possession of controlled substances. He was booked into the Fresno County Main Jail in California. He was housed in a maximum-security cell that was designed for three prisoners; the …
Prison Warden Granted Qualified Immunity in Employee's Death by The U.S. Sixth Circuit Court of Appeals held that the U.S. District Court for the Eastern District of Michigan was correct in denying a prison warden's motion to dismiss a 42 U.S.C. §1983 complaint for failure to state a claim, but …
Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million by Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million Kevin Taylor, husband and Administrator of his deceased wife Beverly's estate, a former teacher at the Southern Ohio Correctional Facility, settled a State Court civil …
SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time by SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time On April 26, 2000 Gregory Kaubisch, a South Dakota prisoner, was beaten by his cellmate. George Kaubisch, as his …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Murdered Illinois Prisoner's Estate Awarded $942,364 For Wrongful Death by In October 1998, an unknown state court awarded $942,344 to the estate of a teenage Illinois prisoner who was murdered by his cellmate on his very first night in prison. In their lawsuit, filed in April 1995, the 19-year-old prisoner's …
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 …
Still More Murder and Mayhem in Maryland by Michael Rigby "Lock them up and throw away the key." Like the rest of the nation, this overriding penal philosophy in Maryland has led to a criminal justice system that is defunct at every level. The state's adult prisons are "in crisis." …
Family of Texas Prisoner Murdered in Geo-Operated Prison Awarded $47.5 Million by Michael Rigby On September 15, 2006, a jury in Willacy County, Texas awarded $47.5 million to the family of a prisoner who was murdered at a private prison operated by the Geo Group (formerly Wackenhut Corrections). The Florida-based …
Eleventh Circuit Affirms Damage Award in Psychiatrist’s Strangling Death by Eleventh Circuit Affirms Damage Award in Psychiatrist's Strangling Death The Eleventh Circuit Court of Appeals has affirmed a jury's verdict awarding a psychiatrist's widow $1.3 million judgment against Florida's Collier County Sheriff. PLN previously reported this verdict, which was predicated …
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