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Article • December 21, 2017
Filed under: Suicides
Fifth Circuit Remands Jail Suicide Dismissal for Reconsideration by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit reversed the dismissal of a jail suicide suit. The lower court failed to analyze whether factual disputes existed as to whether unconstitutional jail conditions contributed to …
Article • December 21, 2017
Eighth Circuit: Restraint Board Order Entitled to Qualified Immunity by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit reversed a lower court’s denial of qualified immunity to a guard who ordered a prisoner confined to a restraint board for more than three hours. …
Article • December 21, 2017
Threats by Arkansas Prison Administration Warrants Transfer by David Reutter by David Reutter The Eighth Circuit of Appeals reversed and remanded a federal district court's denial of prisoner James Walker's 42 U.S.C. § 1983 petition seeking his transfer to a federal prison or some other state's prison because he had …
Article • December 21, 2017
Violation of State Regulation Not a Constitutional Violation by David Reutter by David Reutter The Seventh Circuit Court of Appeals upheld a federal district court's summary judgment granted in a 42 U.S.C. § 1983 lawsuit. The suit was brought by the Simpson estate, against Sheriff Mark E. Gorbett and Deputies …
Article • December 21, 2017
Filed under: Juveniles, Juvenile Prisons
Report: Rikers Island "Enhanced Supervision Housing for Young Adults" Problematic by Derek Gilna by Derek Gilna On July 24, 2017, the New York City Board of Correction (BOC) released a report titled, "Enhanced Supervision Housing for Young Adults," which highlighted the challenges to eliminating injustices at the Rikers Island jail …
Article • December 21, 2017
Prisoner's Wrongful Death FTCA Claim Dismissed For Lack of Jurisdiction by Christopher Zoukis by Christopher Zoukis The United States District Court for the District of Maryland has dismissed a Federal Tort Claims Act (FTCA) case brought against the United States over the 2013 wrongful death of a prisoner held at …
Article • December 20, 2017
Filed under: Stun Guns/Tasers
$95,000 in Tasing Excessive Force Settlement--in Tazewell County, Illinois! by Christopher Zoukis by Christopher Zoukis An Illinois man who claimed that he was excessively Tased and pepper-sprayed while imprisoned in the Tazewell County Jail has settled his excessive force claim for $95,000. Everett Lewis was arrested and booked into the …
Article • December 20, 2017
$90,000 Settlement in Erie County, N.Y. Jail Wrongful Death Case by Christopher Zoukis By Christopher Zoukis The estate of a prisoner who died as a result of the alleged negligence of Erie County, NY Jail staff has agreed to settle the case for $90,000. Marguerite Arrindell was held in the …
Article • December 20, 2017
$2,500 Settles New York Man's Excessive Force Case by Christopher Zoukis by Christopher Zoukis A New York prisoner held at the Five Points Correctional facility has agreed to accept $2,500 to settle a federal lawsuit in which he alleged violations of his civil rights. Bryant Wheeler was a prisoner at …
Article • December 20, 2017
California Prisoner Settles Claim of Cruel and Unusual Punishment by Christopher Zoukis by Christopher Zoukis A California prisoner held at Pelican Bay State Prison has agreed to settle a case in which he alleged that he had been subject to cruel and unusual punishment and deliberate indifference to a serious …
Article • December 20, 2017
Former Texas Deputy Settles Claim that Boss Defamed, Wrongfully Prosecuted Him by Christopher Zoukis by Christopher Zoukis Mark McAvoy, a former sheriff's deputy in Shelby County, Texas, settled a federal lawsuit against his former employer on May 20, 2013. McAvoy began his employment as a deputy in November 2010. When …
Article • December 20, 2017
$283,549 to Jail Guard in Retaliation Suit by Christopher Zoukis by Christopher Zoukis A captain at the Coastal Bend Detention Center in Texas was awarded $283,549 in damages against the private prison company LCS Corrections Services, Inc. on May 21, 2013. Captain William O. Soto alleged in his lawsuit that …
Article • December 19, 2017
$841,000 to Settle Negligent Medical Care Case by Christopher Zoukis by Christopher Zoukis A federal tort claim brought against the federal government, the Bureau of Prisons, and several medical and administrative officials for negligent medical care leading to a prisoner’s brain damage and death settled for $841,000 in May 2015. …
Report Finds Texas Prison Staff Often Ignore Reports of Prison Rape by Matthew Clarke by Matthew Clarke In November 2016, the Texas Association Against Sexual Assault and the Prison Justice League (PJL) published a report on sexual assaults in Texas prisons. The report concluded that Texas has failed to stem …
Article • December 19, 2017
Filed under: Mandamus, Parole Conditions
Ohio Supreme Court Holds That Longer Second Continuance on Parole Eligibility Is Not Proof of Punitive Action by David Reutter by David Reutter The Ohio Supreme Court held that an Ohio prisoner's mandamus, alleging that the Ohio Department of Rehabilitation and Corrections (ODRS) failed to comply with its clear legal duty …
Article • December 19, 2017
$5001 Jury Award to Illinois Prisoner in Harassment and Conspiracy Suit by David Reutter by David Reutter   An Illinois federal jury awarded $50,001.00 in damages to the plaintiff in a lawsuit alleging First and Fourteenth Amendment violations related to abuse and harassment of the plaintiff. On April 2, 2017, …
Article • December 19, 2017
Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …
Article • December 19, 2017
District Court Held IFP Not Available on Appeal of Third Strike by David Reutter by David Reutter The Third Circuit Court of Appeal denied an indigent prisoner's motion to proceed forma pauperis (IFP) on appeal from dismissal of a third frivolous civil complaint. The court held that the denial was …
Article • December 19, 2017
$320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis by Christopher Zoukis A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Puebla …
Virginia Mentally-Ill Man’s Death by Deterioration in Jail Cell Exhibits Policy Failures by David Reutter by David M. Reutter The death of a mentally-ill Virginia man jailed on a misdemeanor and confined in isolation while awaiting transfer to a psychiatric hospital exhibits the folly of current policies in dealing with …
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