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Florida Prisoner's Respiratory Injury Nets $112,000 by A 32-year-old female Florida prisoner sued the Department of Corrections (DOC) after she suffered respiratory dysfunction from inhaling chlorine gas while changing a chlorine cylinder at her prison's water/sewage treatment plant. Because she was not trained or certified to perform the work assigned …
Article • May 15, 2007
$150,000 Paid in Guard's Assault of Florida Jail Prisoner by While held at Florida's Duval County Jail in April 1991, a 39-year-old detainee requested to use the rest room. His second request was granted, but he had to urinate at the far end of the outdoor compound. Later, he had …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Murdered Illinois Prisoner's Estate Awarded $942,364 For Wrongful Death by In October 1998, an unknown state court awarded $942,344 to the estate of a teenage Illinois prisoner who was murdered by his cellmate on his very first night in prison. In their lawsuit, filed in April 1995, the 19-year-old prisoner's …
White Texas Prisoner Assaulted By African-American Cellmate Awarded $90,000 by During the week of August 10, 1998, a Texas state court awarded $90,000 to a white prisoner who was assaulted by his African-American cellmate in the Dallas County Jail and suffered a broken jaw. Plaintiff Curtis Ohme, a 27-year-old white …
Attorney's Must Have Express Authorization To Enter Into Settlement Agreements by In January 1995, Illinois State prisoner Donchii Malone was transferred to Stateville prison where he learned of a contract out on his life. Malone reported this to Warden Godinez and requested transfer to protective custody. Neither happened. A week …
Sex Offender's Suit Over Conditions and Attack Dismissed by The plaintiff, known as a sex offender, was assaulted by other prisoners and was provided inadequate medical care. His medical claim fails because he sued the wrong people, and his inmate assault claim fails because the relevant events were time-barred. Also, …
Article • May 15, 2007
Alabama Prisoners Injured By Unhealthy Living Conditions Settle For $53,000 by Eight prisoners injured by unhealthy living conditions at the Loxley Community Work Center settled their claim for $53,000. The prisoners had alleged multiple injuries, including one who suffered dehydration and a rash. In their lawsuit, filed in Mobile County, …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
Article • May 15, 2007
Ohio Prisoner Assaulted By Militant Group Awarded $70,000 by In July 1997, the U.S. District Court for the Northern District of Ohio awarded $70,000 to a prisoner who was assaulted by a militant group while imprisoned in the Trumbull County Jail. The 45-year-old prisoner, a white male, suffered a fractured …
No Hiring Liability for Brutal Arkansas Jail Guards by The plaintiff alleged excessive force. The deputy who allegedly used a "knee drop" on the plaintiff, severing his intestine, has previously been found not entitled to qualified immunity. A deputy who hit the plaintiff several times in the face while he …
Article • May 15, 2007
Female Guard Supervision of Naked Male Prisoners Upheld by The plaintiff challenged the use of female guards to monitor male prisoners in bathrooms and showers even though male guards were not used to monitor women under similar circumstances. The plaintiff's challenge to strip search practices was dismissed by the district …
Doctors Can Be Held Liable in Heat Death of Obese Mental Patient by The decedent, an obese diabetic suffering from hypertension with a heart condition with abnormal EKG readings, was involuntarily committed to a psychiatric hospital where he took psychotropic medications. He died on a day with 90 degree heat …
$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
Article • May 15, 2007
Court Rejects Cold Cell BOP Suit by The plaintiff said he was locked in a cell so cold that at times he could see his breath, his knees swelled and his arthritis worsened, and he suffered severe stress, anxiety, and panic attacks. He sued under the Federal Tort Claims Act …
Article • May 15, 2007
No Liability for Attack on Prisoner Collaborator by Segregation prisoners flooded their cells in protest over not receiving clean linens; the plaintiff was ordered to mop up the water. The other prisoners kicked and banged on their cell doors and threatened him. The defendants let another prisoner out of his …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Article • May 15, 2007
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time …
Color Blind Bus Driver Not Disabled Under ADA by A city bus driver disqualified from driving city buses based on color blindness was not disabled within the meaning of the ADA because he was not substantially limited in the major life activity of seeing and was therefore not disabled under …
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