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Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil by Michael Brodheim by Mike Brodheim On June 21, 2011, a divided D.C. Circuit Court of Appeals affirmed the judgment of a district court that dismissed claims for damages and declaratory relief brought by nine foreign …
United States District Court Grants Summary Judgment in Internet Libel Case by The United States District Court granted a Plaintiff’s motion for summary judgment in a 42 U.S.C. § 1983 suit, claiming violation of his Fourth Amendment rights. This action arose out of Thomas Mink’s publication of an internet based …
Article • March 15, 2012
Tenth Circuit Affirms Dismissal of § 1983 Complaint Which Fails to Specifically Connect Defendants to Alleged Violations by Tenth Circuit Affirms Dismissal of § 1983 Complaint Which Fails to Specifically Connect Defendants to Alleged Violations In an unpublished decision, the Tenth Circuit has affirmed the dismissal without prejudice of a …
$500,000 Jury Award for Rape of New York Pretrial Detainee Reinstated on Appeal by On August 18, 2011, the Second Circuit Court of Appeals reversed a New York federal district court’s entry of judgment for the defendants. The district court had thrown out a $500,000 jury verdict in favor of …
$1 Million Settlement in Oklahoma Jail Prisoner Wrongful Death Suit by Matthew Clarke by Matt Clarke In May 2011, Oklahoma County approved a $1 million settlement in a civil rights lawsuit involving a prisoner who was first denied his anti-seizure medication and then fatally beaten by guards after he had …
Brief • March 5, 2012
Cianfaglione v. Rogers et al, IL, Plf Res to Def Mot for SJ, qualified immunity unreasonable strip search, 2012 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, ) ) Plaintiff, ) ) vs. ) ) TERRY ROGERS in his individual capacity, ) …
Article • February 15, 2012
Florida U.S. District Court Denies Motion for New Trial in Fourth Amendment Case, Upholds Big Damage Award by A Florida Federal District Court denied a motion for new trial following a jury verdict against Jefferson County deputies, after six days of trial concerning an illegal stop and search made by …
Article • February 15, 2012 • from PLN February, 2012
California: Prison Visitor Settles Slip-and-Fall Suit for $175,000 by Richard Allen Barton, Sr. has settled a lawsuit he filed against the State of California and officials at Avenal State Prison, agreeing to accept $175,000 in exchange for dismissal of the suit. On July 11, 2008, while visiting a prisoner at …
Article • February 15, 2012
$115,000 Settlement in BOP Excessive Use of Restraints Suit by Brandon Sample The federal Bureau of Prisons (BOP) has agreed to pay $115,000 to resolve an excessive force lawsuit against five BOP employees. While incarcerated at the U.S. Penitentiary (USP) in Lee, Virginia, Michael Montgomery was placed in four-point restraints …
Article • February 15, 2012
Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or Prospective by Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or …
Article • February 15, 2012
Oregon Man Sues Jailers at “$17 Million Torture Chamber” by “My face [was] hit so hard that it busted my nose, shattered my teeth and broke my jaw,” said Chadwick J. Yancey, 31, as he described why he sued various Oregon jail guards for excessive force. “It briefly left me …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Article • February 15, 2012
Qualified Immunity Denied to Guard Who Failed to Provide Safe Transport by by David M. Reutter The Eighth Circuit Court of Appeals held on March 4, 2008 that a guard was not entitled to qualified immunity concerning a prisoner’s claim that the guard failed to provide safe transport, violating the …
Article • February 15, 2012
California: $3,500 Settlement to Woman Hit by Door Opened by Police Officer by California’s County of Sacramento paid $3,500 to settle the claim of Nancy R. Wesley for injuries she incurred on November 24, 2002. As she was standing in line to put money on her daughter’s books at the …
Article • January 15, 2012 • from PLN January, 2012
Texas Prisoner’s Denial of Dentures Claim Affirmed in Part, Reversed in Part by Fifth Circuit by Nicolas Marquez, a Texas Department of Criminal Justice (TDCJ) prisoner held at the Polunsky Unit, has no teeth. He requested dentures but the request was denied because his Body Mass Index (BMI) was too …
Washington Prison Guard’s Murder Results in Demotions, Firings and $26,000 Fine by Mark Wilson An outside investigation has determined that the murder of a Washington Department of Corrections (WDOC) guard was the result of poor staff management and training by prison officials. On January 29, 2011, prisoner Byron Scherf, 52, …
Brief • December 1, 2011
Filed under: Immunity/Liability
Galarza v Szalczyk, PA, Plf Res Def Req for PO, immunity claims, 2011
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
Article • November 15, 2011
$35,000 Settlement in Personal Injury Negligence Suit Against California Department of Corrections by A California prisoner received a $35,000 settlement in a personal injury negligence suit. Prisoner Andre M. Smith was imprisoned at the California Men’s Colony on April 19, 2005. While getting off his bed, the chain broke and …
Article • November 15, 2011
Florida Jail Guard Awarded $600,000 in Defamation Suit; Award Vacated by A Florida jury awarded a former jail guard $600,000 for defamation and lost earnings against the ST. Lucie County Sheriff’s Office (SLCSO). In a post-trial motion, the Circuit Court dismissed the verdict. While working as a guard on July …
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