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Fifth Circuit Affirms Dismissal of Case Involving Texas Jail Prisoner’s Suicide by The Fifth Circuit Court of Appeals reluctantly affirmed a lower court's dismissal of a Texas jail suicide case. In April 2004, 23-year old Jamie Whitt was arrested on three misdemeanor charges and lodged in the Stephens County Jail. …
Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …
Alaska Scope-of-Employment Certification Reviewable; State Immune from Guards' Excessive Force by The Alaska Supreme Court held that the Attorney General's certification that Defendant prison guards were acting within the scope of their employment is subject to judicial review. The Court also held that the State was immune for a prisoner's …
Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard by The Seventh Circuit Court of Appeals affirmed the dismissal of excessive force claims against an Illinois police chief. Illinois Department of Corrections guard David Backes is a veteran of the Persian …
Article • May 15, 2012
Sixth Circuit Reverses Dismissal of Tennessee Prisoner’s Medical Claim by The Sixth Circuit Court of Appeals reversed a lower court's dismissal for failure to state a claim, in a Tennessee prisoner's inadequate medical care suit. On June 26, 2004, Shelby County, Tennessee, detainee Robert Lee Barnett became ill when Nurse …
Brief • May 11, 2012
Cianfaglione v. Rogers et al, IL, Opinion, qualified immunity unreasonable strip search, 2012 2:10-cv-02170-MPM-DGB # 37 Page 1 of 17 E-FILED Friday, 11 May, 2012 12:13:00 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION ANGELINA CIANFAGLIONE, Plaintiff, v. TERRY ROGERS, DEE BURGIN, …
No Qualified Immunity for Guard Who Failed to Protect Prisoner from Sexual Abuse by Brandon Sample On February 1, 2011, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of qualified immunity to a guard accused of failing to protect a vulnerable prisoner from sexual …
Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals has held that Oklahoma City can not be held liable for the actions of disgraced forensic chemist Joyce A. Gilchrist, who was employed in the city’s …
Article • April 15, 2012 • from PLN April, 2012
California: State Settles Prisoner’s Lawsuit for $10,000, then Delays Payment by In June 2010, Cion Adonis Peralta signed a Full Release of All Claims in a federal lawsuit he filed in 2005, alleging that officials at CSP-Lancaster had violated his rights under the Eighth and Fourteenth Amendments. In exchange for …
Article • April 15, 2012 • from PLN April, 2012
Connecticut District Court Finds ICE Agents Not Shielded from Bivens Liability; Suit Settles for $350,000 by Derek Gilna In a lawsuit brought by the Yale Law Clinic on behalf of Hispanics swept up in an Immigration and Customs Enforcement (ICE) raid in New Haven in June 2007, the U.S. District …
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 …
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