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Prisoner Crippled In Texas Jail Settles For $2.25 Million by On May 12, 2000, the City of Harlingen, Texas, paid $2,250,000 to settle a federal civil rights lawsuit brought by a man who was rendered quadriplegic following an assault in the city jail. In his 42 U.S.C. § 1983 lawsuit, …
Article • May 15, 2007
Negligence Insufficient to Make Prison Officials Liable by Robert Davidson, a New Jersey state prisoner, filed suit under 42 U.S.C. § 1983 against prison officials for negligent failure to protect him from another prisoner. After being threatened by the other prisoner, Davidson sent a note reporting the threat which found …
Article • May 15, 2007
Denial of Vegan Diet Meets PLRA's Physical Injury Requirement by An Illinois federal district court has held that a prisoner's allegation that he was deprived of a vegan diet meets the physical injury requirement under the Prison Litigation Reform Act (PLRA). Illinois prisoner Stanley Wofford brought suit under the Religious …
Article • May 15, 2007
Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied by Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied Texas state prisoner David Trevino filed a Federal civil rights petition against numerous Texas prison officials for allegedly engaging in harassment, …
Article • May 15, 2007
No Unconstitutional Deprivation for County Jail Overcrowding by Daniel Sams, a prisoner sentenced to the West Virginia State Department of Corrections, and five other similarly-situated prisoners, filed a State court mandamus action to compel their transfer out of county jail to D.O.C. due to overcrowding. The State Supreme Court appointed …
Article • May 15, 2007
IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules by IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules Harry Rodriguez, an Illinois state prisoner, refused to comply with a prison rule requiring prisoners to store certain of their property in a …
SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time by SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time On April 26, 2000 Gregory Kaubisch, a South Dakota prisoner, was beaten by his cellmate. George Kaubisch, as his …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Article • May 15, 2007
$60,000 Paid in Failure Florida Jail Prisoner to Protect Claim by While imprisoned at Florida's Duval County Jail in October 1998, a 39-year-old prisoner was assaulted by his cellmate, suffering multiple facial fractures, visual impairment, loss of teeth, facial nerve damage, headaches, and emotional distress. The prisoner plaintiff's complaint alleged …
Article • May 15, 2007
$50,000 Paid in Texas Improper Housing Classification/Assault by Imprisoned at Texas' Bastrop County Jail for traffic tickets and DWI probation violation, the plaintiff in this case found himself placed in a cell block with convicted felons and other violent offenders. On September 25, 1995, the prisoner plaintiff was attacked by …
Article • May 15, 2007
Regret Expression Issued for Improper Arrest by On December 15, 1995, Texas' Grand Prarie police SWAT team burst into 18-year-old Bryan McMillen's parents' house and put guns to McMillen's head while awaking him from bed. Their purpose was to arrest him for the murder of Adrianne Jones, whose boyfriend said …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Article • May 15, 2007
Segregation Conditions at Atlanta Federal Penitentiary Not Unconstitutional by The Fifth Circuit Court of Appeals affirmed a district court's order holding the conditions of confinement in the segregation building at the Atlanta Federal Penitentiary were not unconstitutional. This action was brought by two prisoners at the Penitentiary and certified as …
Article • May 15, 2007
Denial of Class Certification Reversed by The Sixth Circuit Court of Appeal held that a district court used the wrong standard in denying class certification and remanded for consideration of the detainees' First Amendment claim. This action was filed by pretrial detainees at Tennessee's Warren County Jail, alleging constitutional violations …
$125,000 Awarded in Illinois Prisoner's Rape; Jury Instruction Explaining Directed Verdict Harmless by $125,000 Awarded in Illinois Prisone's Rape; Jury Instruction Explaining Directed Verdict Harmless The Seventh Circuit of Appeal upheld a jury instruction that explained the directed verdict in favor of the supervisory defendants, and held that even if …
Article • May 15, 2007
$380 Awarded for Fall from NYDOCS 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 October 21, 2004. …
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
No Summary Judgment On Disciplinary Diet Claim by A federal court in New York held that prison officials were not entitled to summary judgment on a prisoner's claim that he was repeatedly placed on restricted disciplinary diets and subjected to painful handcuffing, in violation of the Eighth Amendment. Wilfredo Rodriguez …
Article • May 15, 2007
Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim by Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim In February of 2002, Robert Taylor, a Missouri state prisoner, injured his knee. A Correctional …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
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