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Judge Reduces Damage Award Against PHS In New York Jail Heart Attack Suit by by John E. Dannenberg In July 2005, a New York federal jury awarded $150,000 in compensatory damages and $632,988 in punitive damages to a jail prisoner who suffered permanent disabilities when treatment for his heart attack …
Article • January 15, 2006 • from PLN January, 2006
Class Action Suit Filed Against L.A. County Jail After 4,000 MRSA Infections by by John E. Dannenberg A class action lawsuit against Los Angeles (L.A.) County and its Sheriff Leroy Baca was filed in 2004 in the United States District Court (C.D. Cal.) on behalf of an estimated 4,000 present …
Article • January 15, 2006 • from PLN January, 2006
California's Preferential Bulk Price For Hepatitis-C Drugs Kept Secret by The good news is that California's Department of General Services (DGS) negotiated a bulk discount price for the large quantities of pegylated interferon it buys for the treatment of Hepatitis-C infected prisoners, and will save the state $1 million on …
Article • January 15, 2006 • from PLN January, 2006
Hawaii Prisoner Injured In Fight Awarded $25,427 by On February 1, 2005, a Hawaii court awarded $25,427.00 to a prisoner who claimed he was assaulted by another prisoner. Plaintiff Lael Samonte, 47, contended that while imprisoned at the Halawa Correctional Facility on May 22, 2002, he was attacked and knocked …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
Article • December 15, 2005 • from PLN December, 2005
Former California Warden Allegedly by Former California Warden Allegedly Assaults News Reporter The former warden of Salinas Valley State Prison (SVSP), Anthony Lamarque, allegedly swung a cane at Sacramento News and Review reporter Stephen James and then pinned him against a wall, when Lamarque apparently objected to being photographed at …
Privatized Medical Services in Delaware Kill and Maim by David Reutter by David M. Reutter Anthony Pierce was serving a 14 month sentence for parole violation of a burglary charge at Delaware's Sussex Correctional Institution when he discovered a marble-sized lump growing on the back of his head. A prison …
Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Re by Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Records by John E. Dannenberg Prison Legal News won a big victory for the cause of investigative journalism on July 14, 2005 …
PLN Sues Bureau of Prisons for Lawsuit Information by On September 12, 2005, Prison Legal News (PLN) filed suit in federal district court to overturn an agency ruling denying it access to documents held by the Federal Bureau of Prisons (BOP). The lawsuit, filed in federal district court in Washington, …
Article • December 15, 2005 • from PLN December, 2005
Excessive Force Claim Nets $3,200 in Attorney's Fees; $1,000 in Damages by An Illinois Federal District Court has awarded $3,200 in attorney's fees in a prisoner's claim that his Eighth Amendment rights were violated. The civil rights action was brought by Illinois prisoner Frank Farella against Logan Correctional Center guards …
Article • December 15, 2005 • from PLN December, 2005
Disclosure of Washington State Prisoner Phone RatesDisclosure of Washington State Prisoner Phone Rates Stymied by the Courts by Disclosure of Washington State Prisoner Phone Rates Stymied by the Courts by John E. Dannenberg When recipients of Washington state prisoner-originated long distance phone calls sought to compel disclosure of the telephone …
Article • December 15, 2005 • from PLN December, 2005
$820,000 Damages Upheld Against NY Jailer Who by $820,000 Damages Upheld Against NY Jailer Who Housed Informant with Defendant by John E. Dannenberg The Second Circuit U.S. Court of Appeals upheld $820,000 in damages for injuries suffered by an informant who was severely beaten by the defendant he had testified …
Remedial Plan And $427,158 Attorney Fees In Wyoming Failure to Protect Suit by John E Dannenberg by John E. Dannenberg The Wyoming Department of Corrections (WDOC) settled an Eighth Amendment-based class action complaint brought by prisoner Brad Skinner for WDOC's failure to protect prisoners from assault by other prisoners. The …
Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive by The Louisiana Supreme Court held that retroactive application of a 2002 law, requiring exhaustion of administrative remedies by prisoners before bringing a state tort action, would unconstitutionally deprive prisoners of a vested right. Therefore, the court held that the law has …
PLN Sues The Geo Group for Public Records by On Dec. 2, 2005, Prison Legal News filed a civil suit against The Geo Group, Inc. (formerly Wackenhut Corrections) in the Circuit Court for Palm Beach, Florida, demanding access to public records held by the company. The Geo Group is a …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
Article • December 15, 2005 • from PLN December, 2005
Court May Infer Deliberate Indifference from Obviousness of Risk by The Seventh Circuit Court of Appeals vacated a district court's grant of summary judgment to prison officials in a prisoner's claim that officials were deliberately indifferent to his safety when they had him strip insulation from a live 480-volt wire …
Seventh Circuit Upholds $56.5 Million Jail Murder Verdict by The Seventh Circuit Court of Appeals upheld a $56.5 million jury verdict against former jail guards who murdered a pretrial detainee. This is the largest verdict for abuses against a single victim in an American jail/prison case that we are aware …
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