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Article • August 15, 2007 • from PLN August, 2007
Torture vs Other Cruel, Inhuman, and Degrading Treatment -- Is the Distinction Real or Apparent?, by Metin Basoglu, MD, PhD et al., by John Dannenberg Arch Gen Psychiatry Vol. 64, pp.277-284, March 2007 Reviewed by John E. Dannenberg Motivated by recent reports of U.S. human rights abuses in military prisons, …
Brooks et al v. Napoli et al, NY, Complaint, 2007 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 1 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 2 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 3 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 4 of 26 …
Florida Boot Camp Death Results in Manslaughter Charges Against 7 Guards and Nurse; Civil Claims Settled for $7,425,000 by After two autopsies and an 11-month investigation, aggravated manslaughter charges were issued in the death of 14-year-old Martin Lee Anderson at a Florida boot camp. Anderson?s death at the Bay County …
Article • June 15, 2007 • from PLN June, 2007
South Carolina Prisoner Awarded $4,000 For Fall, Broken Ankle by On August 21, 2006, a South Carolina jury awarded $4,000 to a man who fell and broke his ankle while imprisoned in the Charleston County Detention Center. Plaintiff Clark Green, 40, claimed that while imprisoned in the two-story jail he …
Excessive Force And Medical Negligence Death In Youngstown, Ohio Arrest Settles For $350,000 From Police, $100,000 From PHS by John Dannenberg by John E. Dannenberg The death of a Youngstown, Ohio arrestee who was severely beaten by police and negligently treated by Prison Health Services? (PHS) contract jail medical staff …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Michigan's In-Cell Restraints Considered Torture; Injunction Issued by David Reutter by David M. Reutter A Michigan federal district court has held that the use of in-cell restraints for punitive reasons constitutes torture. In reaching that conclusion, the Court reopened its previous judgment concerning mental health claims and issued a preliminary …
Rhode Island DOC May Be Liable for Virginia's Treatment of Prisoners by The U.S. First Circuit Court of Appeals held that Rhode Island corrections officials may be liable for unconstitutional treatment of Rhode Island prisoner held in Virginia prisons. Bernardo Figueroa is a prisoner in custody of the Rhode Island …
Estate of Epileptic New Mexico Prisoner Settles for $1,250,000 by During the week of May 22, 2000, the estate of a deceased epileptic prisoner who was denied medical attention and then allegedly tortured and beaten by a jailer in the Taos County, New Mexico, jail settled prior to trial for …
Expert Testimony Fails to Prove Subjective Mental Intent of Psychiatrist by The Eleventh Circuit Court of Appeals held that expert testimony does not establish a psychiatrist's subjective mental intent in a prisoner's 42 U.S.C. § 1983 action alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. This …
First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …
Article • May 15, 2007
Restraint Chair Use Enjoined, Class Certified, $925,000 Settlement by The U.S. District Court for the District of California issued a preliminary injunction prohibiting use of the "Pro-straint" restraining chair and certified as a class all persons incarcerated during the lawsuit who were "subject to being restrained in the Pro-straint chair …
Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death by Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death The Fourth Circuit Court of Appeals affirmed a District Court's grant of summary judgment dismissing a 42 U.S.C. § 1983 action alleging Eighth Amendment claims of deliberate …
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland, Oregon has paid $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Police Bureau. On August 22, 2002, President Bush visited Portland. As a Republican fundraiser was …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
Qualified Immunity Denied In Use Of 5-Point Restraint by A Federal District Court in Virginia has held that prison officials are not entitled to qualified immunity on excessive force, racial discrimination, and due process claims rising from use of 5-point restraints. Trini Davis, a prisoner at Wallens Ridge State Prison …
Illinois: No Parental Immunity for Residential Child Care Institution by In this wrongful death suit, the Supreme Court of Illinois held that parental immunity did not extend to a residential child care institution. Twelve-year-old Waketta Roy Wallace (Roy), a ward of the Illinois Department of Children and Family Services, was …
Article • May 15, 2007
Massachusetts Arrestee Subjected to Unjustified Force by The U.S. District Court of Massachusetts determined that a cooperative arestee, who informed Barnstable police officers of shoulder injury, was the subject of unjustified force which precluded summary judgment. Michelle Aceto was arrested at her home for a thirteen year old traffic ticket. …
Article • May 15, 2007
Wrongful Death, Arrest of New Mexico Epileptic Settles For $1,250,000 by During the week of May 22, 2000, Taos County, New Mexico, settled for $1.25 million a wrongful death lawsuit alleging, among other things, false arrest, excessive force, and denial of medical care. Joaquin Gonzales, 42, had an epileptic seizure …
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