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California Prisoner Settles Medical Suit for $35,000 by Eighteen months after surviving a motion for summary judgment, California prisoner William Milton agreed to a settlement of $35,000 in a case involving denial and delay of medical treatment. Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …
Prison Supervisors Can be Liable for Guard’s Sexual Abuse by David Reutter by David M. Reutter In denying a motion to dismiss, the U.S. District Court for Massachusetts held on July 1, 2009 that prison supervisors could be held liable for the sexual abuse of a prisoner because they failed …
Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000 by Matthew Clarke by Matt Clarke On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a …
Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab by Matthew Clarke by Matt Clarke A Texas federal jury awarded $5 million to a former prisoner who was wrongly convicted of kidnapping and sexual assault based in part on falsified evidence generated by the Houston Police Department’s …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
Article • September 15, 2009 • from PLN September, 2009
Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard by Brandon Sample In what one judge described as a “legal travesty,” on March 13, 2009, the U.S. Court of Appeals for the Sixth Circuit overturned a jury verdict in favor of a prisoner who had been sexually …
Massachusetts Federal Court Dismisses DOC from Prisoner's Rape Suit; Amendment Allowed by On October 24, 2008, a Massachusetts federal court dismissed the claims against prison official defendants (defendants) by a former Massachusetts Department of Corrections (DOC) prisoner who allegedly had between 50 and 100 sexual encounters with a former guard. …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
Georgia Sheriffs are Not County Employees, Allowing Suit by Estate of Court Reporter Killed by Prisoner to Proceed by A county sheriff in Georgia is not a “county employee” for workers’ compensation purposes, the Georgia Court of Appeals decided June 26, 2008. This ruling clears the way for a tort …
Settlements You Can't Sign: Ethical Implications of Chicago's Machinery of Denial by Craig Futterman By Craig B. Futterman, Jason E. Huber, and Pier Petersen1 Introduction On February 28, 2006, Carlos Salazar,2 a Latino construction worker in his early 40s, had just picked up his mother from a health clinic on …
$325,000 Award for Virginia Sheriff's Sexual Harrasment, Battery and Harassment by On January 15, 2008, a federal jury awarded a former sheriff's deputy $325,000 for battery and sexual harassment she suffered at the hands of a former sheriff. Lespia King, 22, a former deputy at the Roanoke City Jail in …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matthew Clarke Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matt Clarke On April 2, 2009, a Texas Court of Appeals upheld a jury award of $22,000,000 in actual damages …
New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matthew Clarke New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matt Clarke On January 27, 2009, the Michigan Court of Appeals upheld a trial court’s denial of a motion for …
Article • May 15, 2009 • from PLN May, 2009
South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard by South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard A South Dakota federal jury awarded a former female pretrial detainee $1.1 million in damages for being raped by a guard at the Pennington County Jail. The …
Thurston County Settles Jail Guard Murder Suit for $120,000 by Washington State’s Thurston County settled a lawsuit claiming it was responsible for a jail guard killing his wife with his service weapon for $120,000. The suit was brought by the guard’s two children. While off-duty on paid administrative leave on …
Washington State DOC Guard Demoted For Mail Tampering And Violating Rules by Washington State Department of Corrections guard Teresa McSheery appealed her 1997 demotion for committing regulatory mail and safety violations. The demotion was affirmed. McSheery worked at the Washington Corrections Center for Women in 1989 and was the mail …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
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