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$380,000 Award Against Louisiana Sheriff and Deputy Upheld in Jail Rape Case by The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Plaintiff, a white male, filed a §1983 …
Article • May 15, 2007
Compensatory Damages Not Allowed for Value of Violated Rights by The U.S. Supreme Court reversed the Sixth Circuit's affirmation of a district court's award of compensatory damages. A Michigan public school teacher brought suit against a school district under 42 U.S.C. §1983 upon suspension for his teaching methods. A jury …
Confinement in Strip Cells as Disciplinary Tool Unconstitutional by New York prisoners Mosher and Wright brought separate § 1983 actions, later consolidated, against a prison warden for Eighth Amendment violations stemming from their confinement in a strip cell." Strip cells are used for psychiatric observation; they are bare and have …
Deputy Not Sheriff, Liable for Assault, Attorney Fees by The U.S. District Court for the Northern District of Texas awarded a jail prisoner $500 in compensatory damages, no punitive damages, and $2,500 in attorney fees plus costs in a case involving a deputy sheriff's assault on the prisoner. Donald Williams, …
Article • May 15, 2007
Appeals Court Reduces $500,000 Police Brutality Award by Plaintiffs who were arrested and assaulted by police have their damages reduced in an example of the Fourth Circuit's knee-jerk hostility to civil rights plaintiffs. The jury had awarded the plaintiffs $500,000 in damages for their injuries. The appeals court reduced damages …
$4,000 Injury Award for Body Cavity Search by The U.S. District Court for the District of Nevada held that anal body cavity searches conducted on two Nevada prisoners were not unconstitutional but that a subsequent cavity search of one of the prisoners was, and that the associate warden was liable …
Article • May 15, 2007
Cause Of Action For Monetary Damages Available Under Montana Constitution by The Montana Supreme Court held that the Montana Constitution provided a cause of action for money damages for certain violations of rights guaranteed by the state constitution and that qualified immunity was not available for those committing such violations. …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
Dismissal Of Prisoner's Damages Claim For Access To Courts Violations Reversed by The U.S. Seventh Circuit Court of Appeals held that fact issues precluded summary judgment of a Wisconsin prisoner's punitive damages claim against federal prison officials for denial of access to courts. Christian Sahagian, a Wisconsin state prisoner, was …
Article • May 15, 2007
Oregon Seizure of Punitive Damages for Victim Fund Upheld by The Oregon Supreme Court, sitting En Banc, held that Oregon's "split recovery" statute authorizing the State to seize 60 percent of all punitive damages awards does not violate the Oregon Constitution. Since 1987, ORS 18.540 has "directed that [60 percent] …
Article • May 15, 2007
Award of Nominal Damages Only Affirmed in Excessive Force Suit by The U.S. Second Circuit Court of Appeals affirmed a district court's denial of a plaintiff's motion for new trial following a jury's award of only nominal damages against prison guards charged with use of excessive force on the prisoner-plaintiff. …
Article • May 15, 2007
Punitive Damages Cannot be Imposed Against Municipality by The U.S. Supreme Court held a municipality may not have punitive damages imposed against it in a 42 U.S.C. § 1983 action. This action was initiated against city commissioners and the City of New Port, Rhode Island, after the commissioners violated a …
State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
Article • May 15, 2007
Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action by A construction company tired to build a Volusia County branch jail in Daytona Reach, Florida, was awarded $2,300,677 for extra work the company was required to perform and for the outstanding balance on the contracted construction price. Plaintiff Noonan-South, …
Article • May 15, 2007
US Supreme Court Held That Officials Are Not Qualifiedly Immune From Injunctive And Declaratory Reliefli by US Supreme Court Held That Officials Are Not Qualifiedly Immune From Injunctive And Declaratory Relief The US Supreme Court held that Public Officials are not immune from damages when they violate clearly established constitutional …
$29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals by $29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals A New York Federal District Court granted the plaintiff's motion for the award of attorney …
Article • May 15, 2007
Alaska: 1997 Tort 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 provisions, including caps …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Article • May 15, 2007
7th Circuit Holds $60,000 Illinois Strip Search Award Not Excessive by On Nov. 29, 1983, the U.S. Seventh Circuit Court of Appeals held that a strip-search claimant's $60,000 jury award against the City of Chicago was not excessive even though it was larger than awards in similar cases. Four female …
Article • May 15, 2007
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 …
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