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Article • May 15, 2007
$98,500 Settlement In Jail Negligence Suit Prisoner Beating by Darrin Rvdberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was …
Article • May 15, 2007
$4,435 Paid in WA Riot Injuries by Carnell Garden, a prisoner at Washington's McNeil Island State Prison, filed a state tort suit alleging inadequate supervision that resulted in a race riot in September 1992, which caused him unspecified injuries. His complaint also alleged he was denied adequate and timely medical …
$2,632 Paid in WA Riot Caused Damages by James L. Cobb, a prisoner at Washington's McNeil Island State Prison, filed a state tort suit alleging inadequate supervision that resulted in a race riot which caused him unspecified injuries in September 1992. His suit also alleged he was denied adequate and …
$21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials by $21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials A federal court in New York awarded $20,950 in fees and $263.76 in costs as a sanction against jail officials related to discovery violations. Gary Smith, a …
Article • May 15, 2007
Guards Must have Knowledge of Risk of Harm by The Tenth Circuit Court of Appeals held a prisoner failed to show guards acted with deliberate indifference to a substantial risk of harm when they placed him in a cell with two Latin King gang member prisoners. This action was filed …
Guard Denied Qualified Immunity in Prisoner's Assault by The U.S. Ninth Circuit Court of Appeals affirmed denial of summary judgment on qualified immunity grounds by a California federal district court to a lieutenant at the California Men's Colony in a case where a prisoner was assaulted by his cellmate. Michael …
$1,063,000 Verdict in Florida Prisoner's Wrongful Death by This action was brought by the estate of decedent, who was in his 30's, alleging improper characterization of prisoners and negligent food distribution. The decedent was placed in a cell with a convicted murderer. A dispute erupted over orange juice. The ensuing …
Article • May 15, 2007
Dismissal of Double-Celling, ETS Claims Vacated in Part by The U.S. Seventh Circuit Court of Appeals partly vacated a Wisconsin federal district court's dismissal of a prisoner's federal civil rights suit claiming Eighth Amendment violations by state prison officials. Quordalis V. Sanders, a Wisconsin state prisoner currently housed at the …
Article • May 15, 2007
$75,000 Paid in Assault on Washington Prisoner by Washington prisoner Eugene Perry Henkel II alleged he sustained serious and permanent injuries with attendant pain and suffering from the negligence of the Washington Department of Corrections and guard John A Markwell. The complaint alleged assault, battery and negligent supervision by the …
$3,251,000 Verdict Rendered in California Detainee's Murder by On April 8, 1992, a 32 year-old was arrested for parole violation and possession of controlled substances. He was booked into the Fresno County Main Jail in California. He was housed in a maximum-security cell that was designed for three prisoners; the …
Article • May 15, 2007
Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional by Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional On September 16, 2004, the U.S. Seventh Circuit Court of Appeals held that Indiana jail officials did not violate prisoners' constitutional rights by telling them to wash their hair …
Genuine Issues of Material Fact Preclude Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that summary judgment against a prisoner's §1983 claim was precluded by genuine issues of material fact. An Indiana state prisoner who was raped by other prisoners filed a §1983 action against …
Careless Removal of Lead-Based Paint from Texas Prison States a Claim by The Texas 14th Court of Appeals at Houston reversed a trial court's dismissal of a prisoner's lawsuit which claimed injuries consequent to the careless removal of lead-based paint from an aging Texas state prison. Early in 2000, Howard …
Article • May 15, 2007
Consent Judgment Entered to Improve Confinement Conditions at MO Jail by A Missouri federal District Court approved a consent decree in litigation challenging conditions at the Jackson County Jail in Kansas City. The consent judgment requires jail authorities to: (1) fumigate the jail weekly for insects and rodents; (2) make …
Article • May 15, 2007
Lack of Toilets in Cells Unconstitutional by The Supreme Judicial Court of Massachusetts, Suffolk, held that the lack of toilets and hot and cold running water at an Essex County jail constituted cruel and unusual punishment in violation of the Eighth Amendment and the Massachusetts Declaration of Rights as measured …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
Article • May 15, 2007
Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment by Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment The U.S. Sixth Circuit Court of Appeals affirmed the U.S. District Court for the Middle District of Tennessee in denying a Tennessee Department of Corrections (TDOC) prisoner's claim that exposure to …
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