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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 …
New Wrongful Death Trial Prompts $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29-year-old Damon Lowery's life came to a tragic end while in police custody. More than five years later, with a new trial looming, Portland, Oregon officials paid Lowery's estate $600,000 …
Article • May 15, 2007
$380 Awarded for fall from NYDCS Transport Van by A New York State court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380. On February 21, 2001, …
County May be Liable for Hogtying Death of Arrestee by Hog-tying an obviously mentally deranged suspect constituted excessive force, though the individual defendants were entitled to qualified immunity because it was not clearly established that such conduct was unlawful. However, defendants are not entitled to immunity under state law because …
Beating Claim Exhausted When Defendants' Don't Respond by The plaintiff alleged that he was twice assaulted by the Quick Response Team; on neither occasion was he resisting, and on one he was in restraints. The defendants claimed they used necessary force to subdue him. At 458: ". . . [P]laintiff …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs State Claim by The plaintiff, who had a pre-existing deformity of his wrist, complained of being handcuffed too tightly and being pulled, kicked, and pushed during an arrest. These allegations would not state a claim absent injury, but the injury need not be significant, and unspecified injuries to …
Article • May 15, 2007
No Habeas Relief for Prisoner Restrained During Criminal Trial by Handcuffing a prisoner during trial did not deny due process because the trial judge did not improperly delegate the decision to restrain to corrections officials, just relied on a corrections sergeant to describe the form of restraint that would be …
$282,500 Awarded to Elderly Arrestee for Tight Handcuffs by The elderly plaintiff was arrested and handcuffed and complained that the handcuffs were too tight and hurt her hands and that she was handcuffed to bars. The court analyzes her claim under Bell v. Wolfish, does not cite Hudson v. McMillian, …
Article • May 15, 2007
Summary Judgment Denied to Jail Guards Who Killed Mentally Ill Prisoner by The decedent died after a use of force in jail. He said on admission that he had a history of mental illness and was on psychotropic medication "for rest"; though the jail usually obtained medical records for inmates …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Indiana Handcuff Injury Suit Dismissed by The plaintiff refused to allow his handcuffs to be removed on re-entering his cell, so the defendant officers pulled his hands through the cuff port of the cell door and then removed the handcuffs, against the plaintiff's resistance, causing a cut to his left …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
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