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Article • May 15, 2007
Fourth Circuit Discusses Standard of Review in Prisoner Assault Cases by Prisoner assault cases are governed by a deliberate indifference standard and not a negligence standard, and the two standards are not the same thing. The question is whether the warden acted "obdurately or wantonly." In making the last statement, …
Article • May 15, 2007
PA Long-Arm Statute Reaches Out-of-State Civil Rights Violations in TransCor Suit by PA Long-Arm Statute Reaches Out-of-State Civil Rights Violations in TransCor Suit On May 5, 2000, Jerry Irons, an AIDS patient was arrested in Maryland on an Ohio warrant. On May 17, TransCor, a company that transports prisoners, took …
Article • May 15, 2007
WA Guard's Denial of Out-of-Cell Exercise to Prisoner for 105 Days States 8th Amendment Claim by WA Guard's Denial of Out-of-Cell Exercise to Prisoner for 105 Days States 8th Amendment Claim John Headrick, a Washington state prisoner, sued the superintendent of the state penitentiary after guards in the segregation unit …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (jail), had his jaw broken by a prisoner in his cell during a fight. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants …
Article • May 15, 2007
OH Prisoner Wins $50 in Personal Injury Suit by Earl Starks was an Ohio state prisoner at the Toledo Correctional Camp. In the early morning hours of January 1, 2004, a riot broke out in Starks' dorm. Guards refused his request to leave the dorm, after which he was hit …
Article • May 15, 2007
New York Prisoner Awarded $164 For Improper Housing Assignment by In July 1998, a New York court of claims awarded $164 to a state prisoner for emotional distress incurred when prison officials housed him in the infirmary due to a lack of cell space in the prison's special housing unit. …
Article • May 15, 2007
Assaulted New York Jail Prisoner Awarded $330,000 by In October 1998, a New York court awarded $330,000 to a man who was seriously injured in an attack by other prisoners at a Westchester County jail. The plaintiff claimed that while imprisoned by Westchester County in September 1992, he was moved …
Estate of Murdered Tennessee Prisoner Awarded $75,000 by In January 1999, a Tennessee court awarded $75,000 to the estate of a prisoner who was attacked and killed by another prisoner. The estate claimed that prison officials were negligent for housing the decedent with a convicted murderer who had previously threatened …
Article • May 15, 2007
Unreasonable Search Claim Survives Summary Judgment by Former New Hampshire state prisoner Shelia Elliott filed a Federal civil rights complaint alleging that a strip search conducted by a private transport company (Transcor) employee under contract with New Hampshire was unreasonable and violated her right to privacy under the First and …
Article • May 15, 2007
One Meal Per Day May Not Be Adequate For Kentucky State Prisoner by Former Kentucky state prisoner Alford Cunningham filed a Federal Civil rights complaint alleging that McCracken County (Kentucky) jail personnel violated his 8th Amendment rights by subjecting him to cruel and unusual punishment when depriving him of food …
No Liability in Scalding Attack on Seg Prisoner by The plaintiff was scalded with hot water when, unescorted, he approached his assailant's cell (by invitation) to retrieve his legal papers. At the time, he was in disciplinary segregation (having formerly been in protective custody). Policy dictated that prisoners be escorted …
Article • May 15, 2007
Shower Fall May Implicate 8th Amendment by The plaintiff complained that he fell in the shower in the North Infirmary Command Unit 2-B and was injured, after he and other prisoners had filed grievances about the deteriorated conditions. The court applies Eighth Amendment standards to this detainee case (reciting the …
Defense Verdict in Illinois Brutality, Cold Case Upheld by The plaintiff alleged that officers confined him in a cell with a broken window in subzero weather, used excessive force against him, and made false statements leading to wrongful disciplinary action. A jury found for the defendants. The verdict as to …
Article • May 15, 2007
Transportation Injury Suit Dismissed by The plaintiff alleged that he was injured in a traffic accident while being transferred, but he refused medical attention from jail medical staff. His small claims court case was dismissed based on his signing a form that the claim was satisfied, though it wasn't. The …
$1,226,625 Verdict in Wrongful Death of Prisoner on Jail Outing by While participating in an outing of a state sponsored pretrial detention program, the 21-year-old decedent prisoner in this case decided to swim in a reservoir owned by Connecticut's City of Waterbury. The reservoir was off limits to the public, …
One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
Jail Prisoner's Shooting Suit Estopped by Fruad Conviction from Incident by The plaintiff's claim that he was shot in jail by other prisoners is collaterally estopped by his conviction for fraud arising from the same incident (the government's theory being that he staged his own shooting so he could bring …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
No Contempt for KS Jail Sheriff by A consent judgment in a jail conditions case was entered in 1987; the jail was replaced in 1989; the new jail was found to be operating in violation of the consent decree in 1992. After further proceedings a final judgment was entered creating …
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