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Texas Jail Whistleblower Awarded $3.3 Million by On January 26, 1999, the Lubbock county commissioners court approved a $3.3 million settlement with fired jailer Karen Strube. Strube was a jail guard in the Lubbock County jail in Texas. She complained to the Texas Department of Health (DOH) that she had …
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
Attorney Fees Must Be Expressly Reserved by The court of appeals for the Eighth Circuit held that a failure to expressly raise the issue of attorney fees during settlement negotiations waives any subsequent claim thereto. This case involves several prisoners, who sued the director of the Nebraska DOC, under 42 …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Utah Jail Censorship Suit Settled for $68,682 by On October 28, 1998, a class action suit challenging various censorship rules at the Davis County Jail in Utah was settled for $11,682 in damages and $57,000 In attorney's fees. In 1995 the Davis County Jail enacted policies banning books, newspaper clippings …
Article • May 15, 1999 • from PLN May, 1999
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional by S.Ct. Grants Review of Fee Issue by Matthew T. Clarke The Court of Appeals for the Sixth Circuit has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Article • December 15, 1998 • from PLN December, 1998
PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services by The Court of Appeals for the Sixth Circuit ruled in favor of attorneys for Michigan women prisoners, holding; (1) that attorney fee provision of the Prison Litigation Reform Act (PLRA) does not apply retroactively, (2) that prisoners were prevailing party …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
$6.5 Million Spent in California Sexual Harassment Suit by by W. Wisely The cost to California taxpayers will top $6.57 million in a sexual harassment suit judgment handed down November 30, 1997, against the Department of Corrections. The amount included $2 million in damages, $1.8 million paid to private defense …
Article • April 15, 1998 • from PLN April, 1998
Even Nominal Damages May Justify Attorney Fee Award by The court of appeals for the seventh circuit held that a verdict of only $500 did not, by itself, justify a denial of an attorney fee award, even though the suit broke no new ground in law regarding police abuses. Although …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
Washington "Bulk Mail" Ban of PLN Struck Down by Since PLN began publishing in 1990 it has experienced sporadic attempts at censorship by the Washington DOC. This has ranged from a statewide ban of the first three issues to harassment of the editors. Unable to articulate a threat to "legitimate …
Former Warden Wins Suit Against TDCJ by An Anderson County, Texas, jury found that former Beto I Unit warden Terry Terrell was fired because he reported corruption and violations of the law by other employees of the Texas Department of Criminal Justice (TDCJ). The jury deliberated for nearly four hours …
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