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$200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion by 15 year old Illinois Youth Center (IYC) prisoner Jeffrey Watts brought federal action against several IYC employees for cruel and unusual punishment in failure to protect after fellow prisoner Derrick Greaves allegedly attacked …
Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack by Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition. A …
Brief • December 20, 2007
Jordan v. Pugh, CO, Order Granting Motion to Withdraw Pending Motions, 2007 Case 1:02-cv-01239-MSK-KLM Document 406 Filed 12/20/07 USDC Colorado Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-01239-MSK-KLM MARK JORDAN, Plaintiff, v. MICHAEL V. PUGH, et al., Defendants. ORDER The parties’ …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
Article • May 15, 2007
Court Orders New Trial on Damages Only in Excessive Force Case by A jury found for the plaintiff in an excessive force case but awarded only nominal damages. The court says there is no reasonable basis for the nominal award, and grants a new trial limited to damages. The undisputed …
Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld by Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld The Third Circuit Court of Appeals held a prevailing plaintiff is entitled to the award of attorney fees for services that …
Article • May 15, 2007
No New Trial in NY Beating Suit that Plaintiff Lost by The plaintiff alleged excessive force; a jury found for the defendants; the plaintiff moved for judgment as a matter of law. The ten-day limit on such motions is jurisdictional, but it runs from the date the actual judgment is …
$90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating by $90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating A Massachusetts prisoner, Robert M. Layne, escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. …
New Trial Ordered Over Guard's Negligence In Texas Jail Prisoner's Suicide by Ricardo Alvarado's parents challenged a Texas State court's jury verdict clearing guards of negligence regarding his jail suicide. They claimed that the trial court erred in presenting evidence and in the submission of the charges. The court's ruling …
$7,000 Award in MD Jail Strip Search; Fees Remanded by The Fourth circuit court of appeals upheld the denial of a Baltimore, Maryland police officer's JNOV motion and objections to jury instructions. Plaintiff, a police officer, was arrested for disorderly conduct and strip searched as part of the arrest. At …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Sixth Circuit Reverses Jury in Retaliation Case, Verdict Was Unreasonable by The Sixth Circuit Court of Appeals has again reversed and remanded the U.S. District Court for the Eastern District of Michigan in a case involving a prison guard's retaliation against a prisoner and his mother. Stephen Neal was a …
Article • May 15, 2007
Strip Search Jury Instruction Held Invalid; New Trial Ordered by by Bob Williams Finding the jury instruction definition of strip search" too narrow, the United States Court of Appeals for the First Circuit reversed a jury's finding that a state jail prisoner's strip search was not unconstitutional. Geoffrey Wood was …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
U.S. v. Schultz, CO, Order, Guard Misconduct, 2006 Case 1:00-cr-00481-WYD Document 1679 Filed 08/24/06 USDC Colorado Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Action No. 00-CR-00481-WYD UNITED STATES OF AMERICA, Plaintiff, v. ROD SCHULTZ, Defendants. ORDER THIS …
New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim by David Reutter by David M. Reutter A New York federal district court reduced a jurys damage award in a prisoners civil rights action alleging excessive force by guards. The total award came to $165,000 and …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Fifth Circuit Upholds $5,000 Excessive Force Verdict Against Wackenhut Guard by In an unpublished opinion, the Fifth Circuit Court of Appeals upheld a jury verdict finding that a prison guard used excessive force against a prisoner and awarding $5,000 in damages. Mississippi prisoner Thomas Unger sued Wackenhut (now Geo Corporation), …
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