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Article • May 15, 2007
Alaska: 1991Tort 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 including including caps on …
Article • May 15, 2007
No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment by No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment Flour Daniel, Inc., a contractor, challenged an arbitrator's award of six million dollars to build the Stafford Creek Corrections Center in Washington State. Flour characterized …
Article • May 15, 2007
Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action by Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action The Second Circuit Court of Appeals held that a prisoner seeking damages for a due process violation could not argue the defendants were …
Article • May 15, 2007
CT Prisoner Wins $5,500 in Suit for Damages Sustained in Transport Van Accident, Affirmed on Appeal by CT Prisoner Wins $5,500 in Suit for Damages Sustained in Transport Van Accident, Affirmed on Appeal Thomas Beverly, a Connecticut state prisoner, sustained back injuries when the Department of Corrections van he was …
Article • May 15, 2007
Filed under: Damages, Sentencing, Parole
Pro Se Parole Suit for Damages Dismissed by The plaintiff claimed that he was held in prison too long. The parole agent defendant is granted summary judgment. At 613: ". . . [T]he law does not impose damages liability for a Section 1983 violation on an individual acting in her …
Article • May 15, 2007
Class of Disabled Medicaid Recipients Decertified by At 811: A class representative must possess the same interest and suffer the same injury as the class members in order to be typical under Rule 23(a)(3). . . . The typicality requirement may be satisfied despite substantial factual differences, however, when there …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
District Court Vacates KS Jury Verdict of $500,000 in Jail Beating by The plaintiff alleged that he was beaten by jail staff and sued the county and individual officers; he dropped the latter and obtained a jury verdict of $500,000 against the county. Undisputed testimony showed that the officers were …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
Article • May 15, 2007
Nominal Damages Verdict Against Nevada Police Upheld by The plaintiff was arrested, but the district attorney declined to prosecute. The plaintiff then filed an excessive force complaint. The officer accused of excessive force notified the district attorney's office, which then filed misdemeanor battery charges against her. The court affirms a …
Article • May 15, 2007
Class Certification Can Be Bifurcated for Liability and Damages by The court rejects the Fifth Circuit rule that an action cannot be certified under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory and punitive damages other than "incidental" damages. (These are damages that are capable of objective calculation and …
Article • May 15, 2007
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
Article • May 15, 2007
Filed under: Civil Procedure, Damages
No Damages for Three Year Visiting Denial by The plaintiff prisoner's visits were suspended after he was found with a shank on his way to the visiting room. His visiting privileges were permanently revoked, except that he was told he could apply for reconsideration after a year, and did so …
Article • April 15, 2007 • from PLN April, 2007
California State Prisoner Wins $21,800 for 250 Days Excess Incarceration by On July 5, 2006, a jury awarded $21,800 to a California state prisoner after the California Department of Corrections and Rehabilitation (CDCR) miscalculated his good time/work time credits on his twelve year sentence. Jorge Gallegos, a Mexican national, was …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Article • February 15, 2007 • from PLN February, 2007
5-Point Restraints = Excessive Force + Due Process Violation Results in $25,000 Virginia Damage Award by A federal court in Virginia held that subjecting a prisoner to five-point restraints for 46-48 hours on five occasions was cruel and unusual punishment. It also found the lack of procedural protections deprived the …
Article • February 15, 2007 • from PLN February, 2007
$2.5 Million Settlement for Illegal Strip Searches in Connecticut Jail by The State of Connecticut has entered into a settlement agreement that will cost it $2.5 million for a correctional policy of strip searching all detainees regardless of their charges. The settlement comes in a class action filed in a …
PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim by PLRA's Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim A Michigan federal district court has held that the Prison Litigation Reform Act?s (PLRA) prohibition of mental or emotional damages without physical injury …
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