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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 …
Article • November 15, 2011
No Immunity in Product Liability Suit Because of FDA Warning by In March 2011, the U.S. Supreme Court unanimously affirmed a Ninth Circuit holding that the makers of Zicam Cold Remedy (Matrixx Initiatives, Inc.) were potentially liable for failing to disclose reports of a possible link between their product and …
Article • November 15, 2011
State Not Liable for Escaped Juvenile Detainee’s Murder of Store Owner by The federal district court of the District of Columbia granted summary judgment to the defendants in a lawsuit seeking damages resulting from a store owner’s murder by an escaped juvenile detainee. The action was brought by the wife …
Article • October 15, 2011 • from PLN October, 2011
U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter U.S. Supreme Court: State P&A Can Sue Another State Agency for Records by David Reutter The U.S. Supreme Court held on April 19, 2011 that sovereign immunity does not apply when one agency of a …
Oates et al v. Dorsey et al, NM, 3rd Amended Complaint, guard brutality threat humiliation nuts to butts, 2011 Case 1:11-cv-00254-MCA -GBW Document 43 Filed 09/29/11 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JOHN OATES, and MICHAEL CROHAN on behalf of …
Adams v. CCA, CO, Testimony Transcript - Wojtalewicz, prison riot, 2011 Transcript of the Testimony of Randal Floyd Wojtalewicz Date: September 23, 2011 Volume: Case: Vance A. Adams, et al v. Corrections Corporation of America Printed On: January 17, 2013 Ak/Ret Reporting, Records & Video, Inc. Phone:361-882-9037 Fax:361-882-3355 Email:akretinc@aol.com Internet: …
CCA May Be Liable For Guard Captain's Sexual Assault Of Louisiana Prisoner by Matthew Clarke by Matt Clarke On March 15, 2007, a federal court in Louisiana held that the Corrections Corporation of America (CCA) may be liable for the sexual assault of a prisoner by a CCA captain at …
Article • September 15, 2011
Ohio DOC Guard Liable For Prisoner's Slip and Fall Exiting Transport Van by On March 19, 2007, Court of Claims of Ohio magistrate recommended that a state prison guard be found liable for allowing a mobility-impaired prisoner to receive injuries by slipping and falling while exiting a transport van. Edward …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
California DOC Officials Enjoy Absolute Immunity From Tort Liability Under Civil Code by John Dannenberg by John E. Dannenberg When a private prison corporation sued Director Jeanne Woodford of the California Department of Corrections and Rehabilitation (CDCR) for alleged defamatory statements made against the corporation's performance on a CDCR contract, …
Federal Court Continues Oversight of Wyoming State Penitentiary by A Wyoming federal district court had entered an order that continues its supervision of the Wyoming State Penitentiary. That supervision began in October 2003 as the result of a class action civil rights action, alleging unconstitutional conditions of confinement that failed …
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