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Article • May 15, 2007
Filed under: Restraints, Juveniles
No Immunity for School Official Taping Second Grader's Head to Tree by "The facts are not complicated." A school vice principal taped a second-grade student's head to a tree as punishment, releasing him after five minutes when a fifth-grade student said she didn't think he ought to be doing that. …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Article • May 15, 2007
Use of Force While Prisoner Restrained Defeats Summary Judgment by A Kansas Federal District Court held a guard's initial use of force to restrain a prisoner was permissible under the circumstances of the case, but found a genuine issue of material fact existed as to the reasonableness of force used …
Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Article • May 15, 2007
Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld by Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld The U.S. Second Circuit Court of Appeals generally upheld a judgment on a jury verdict against New Haven, Connecticut police officers who beat and dragged a handcuffed Army captain …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Eighth Circuit Again Reverses District Court; Remands for Jury Trial by The Eighth Circuit Court of Appeals has, for the second time, reversed the Arkansas Eastern District Court's dismissal of an Arkansas state prisoner's claim that Arkansas Department of Corrections (DOC) guards maliciously and sadistically used excessive force to remove …
Article • May 15, 2007
Use of Stun Gun, Four-Point Restraints Not Constitutional Violation by The U.S. Third Circuit Court of Appeals affirmed a federal district court in Pennsylvania by holding that a state prisoner's Eighth Amendment rights were not violated by guards' use of a stun gun and four-point restraints, where evidence showed the …
Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Article • May 15, 2007
Georgia Student's Personal Injury Suit Against Guards Dismissed by The Court of Appeals of Georgia affirmed the Tattnall County, Superior Court's decision to enter summary judgment for prison guards in a personal injury complaint brought by a fifteen-year-old boy (plaintiff) who was physically restrained by the two guards during a …
Jail Employees Privacy Protection Suit Denied by by John E. Dannenberg King County, WA jail employees sued Arthur Wallenstein, Director of King County's jails, Jail Commander Michael Graber, the City of Seattle and King County for releasing the employees' names in a report describing their participation in restraining an unruly …
Article • May 15, 2007
California: Parents Of Man Who Died In Custody Awarded $2,000,000 by On June 17, 2002 the divorced parents of a man who died while being restrained by Los Angeles County sheriff's deputies were awarded a gross verdict of $2,000,000, reduced. by 35% based on the jury's finding of decedent's comparative …
Texas: State Court Erred In Dismissing Prisoner's Federal Claims by The Texas Supreme Court held that it was error for a state district court to dismiss for lack of jurisdiction a prisoner's federal claim against prison guards. Dan Thomas, a Texas state prisoner, was allegedly injured during transfer to another …
Article • May 15, 2007
$10,000 Paid in WA Chaining to Fence and Beating Suit by Shelton Correctional Center prisoners Timothy Griswald, Ricky Renteria, and Anthony Holland filed suit in the Western District of Washington federal court alleging they were chained to a fence and beaten several times. One incident lasted over eight hours, and …
Article • May 15, 2007
Restraining Chair Beating Heads for Trial by A federal district court in Kansas has denied the defendant's Motion for Summary Judgment in the beating of pretrial detainee William S. Davis. While detained in the Sedgwick County Adult Detention Facility (jail) for driving under the influence of alcohol, Davis was placed …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
D.C. Circuit Reverses U.S. Gulf War POWs' $959 Million+ Prisoner Abuse Award by On June 4, 2004, the Court of Appeals for the D.C. Circuit reversed a federal court's award of more than $959 million in a case filed by U.S. Gulf War POWs who were allegedly abused while held …
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