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$500 Award in Failure to Protect NY Prisoner from Assault by William Blake, Jr., a prisoner at the Sullivan Correctional Facility (SCF), filed a pro se law suit against SCF, for failing to prevent another prisoner from assaulting him, in SCF's Special Housing Unit (SHU). In November 1998, a prisoner …
Article • May 15, 2007
$380 Awarded for fall from NYDCS Transport Van by A New York State court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380. On February 21, 2001, …
Article • May 15, 2007
$4,500 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $4,500 in damages to a prisoner who was assaulted and slashed by another prisoner at the Sullivan Correctional Facility, in New York on March 2, 1996. His assailant, named Salcedo, was a …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Violence as a Condition of Confinement Violates Eighth Amendment by Prisoner filed class action suit based on the level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City. The district court found that violence level at CIFM exceeded levels at other, comparable, institutes; …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
Article • May 15, 2007
Stripping Detainees Naked for Hours States Claim by The plaintiffs are arrestees who refused to answer suicide screening questions. They were treated as posing a suicide risk and were placed in a cell completely naked for periods from 6 to 18 hours, subjected to video surveillance and in most cases …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Article • May 15, 2007
Jail Crowding Alone Not Unconstitutional by The plaintiffs were housed in two-person cells adapted for three prisoners. The space in the cells (81 to 96 square feet, with 35 to 40 square feet of unencumbered floor space) did not permit all three prisoners to be off their bunks at the …
Article • May 15, 2007
Court Dismisses Dental, Diet and TB Suit by A prior decision collaterally estopped the plaintiff's claim about placement in isolated confinement when she received a positive tuberculosis test. The fact that the prior decision involved a different prison and different defendants did not matter, since the plaintiff was a party …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
Article • May 15, 2007
Detention in Underwear Upheld by The plaintiffs, after arrest, were placed in jail cells in their underwear, and their outer clothing was removed in the presence of female officers. This allegedly was to prevent suicide (three of four plaintiffs refused to answer relevant questions), and they retained their underwear only …
Article • May 15, 2007
Failure to Protect Claim Fails by The plaintiff complained that, while a detainee, he was housed with a convict of known violent propensities who injured him. At 1078: ". . . [T]he overwhelming weight of persuasive authority holds that unless the state has an intent to punish, or at least …
Article • May 15, 2007
Ill Fitting Jail Clothes Claim Dismissed; Beating Claim Remanded by The plaintiff alleged that he was given a jail jumpsuit that was too long and that caused him to trip and fall downstairs, and that medical personnel tried to move him while his foot was still caught between the stairs, …
BOP Prisoners Bunk Injury Dismissed Under FTCA by The plaintiff fell out of a bunk bed and injured his knee. He had an order to be placed in a lower bunk but didn't tell anybody about it. The order was in the prison computer but the responsible employee didn't look …
Article • May 15, 2007
Court Rejects Mental Patient's Toilet Deprivation Suit by The plaintiff, an involuntarily committed psychiatric patient, urinated on himself when an aide did not let him go the bathroom immediately. His claim is adjudicated under the Eighth Amendment, even though it is inapplicable to mental patients, because neither party questioned its …
Administrative Exhaustion Required in Jail Assault Case by The plaintiff sued over an assault by other prisoners. The court dismisses for failure to exhaust, notwithstanding his arguments that he did not receive a copy of the jail handbook and did not know about the grievance procedure; that he told staff …
Article • May 15, 2007
Proactive Sheriff Not Liable for Assault in Overcrowded Jail by The two plaintiffs were subjected to serious assaults by other prisoners. While the plaintiffs were subjected to an objectively serious risk, the Sheriff was not deliberately indifferent. He inherited an aged, overcrowded jail but began an aggressive campaign to clean …
Article • May 15, 2007
Delousing Shampoo Process Upheld by A Johnson County, Indiana, jail policy requiring incoming inmates to use a delousing shampoo did not violate their due process right to be free from unwanted medical treatment. The court assumes without deciding that use of the shampoo constitutes medical treatment and says that the …
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