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Article • May 15, 2011
One-legged man forced to climb into top bunk wins $1,000 by On September 27, 2009, the District of Columbia agreed to pay $1,000 to a disabled man who was injured after being forced to climb into a top bunk. William Mercer sued the District after falling twice while attempting to …
Article • May 15, 2011
Ninth Circuit: Prejudgment Qualified Immunity Appeal Mooted By Trial on Merits by In a per curiam opinion, the Ninth Circuit dismissed as moot defendant A. Curtis Wright’s pretrial appeal of the district court’s denial of his motion for summary judgment on the ground of qualified immunity, reasoning that, since the …
Article • May 15, 2011
Fall From Top Bunk Results in $5,500 Settlement for D.C. Jail Prisoner by On March 16, 2007, the District of Columbia agreed to pay $5,500 to a man who fell from his bunk while at the D.C. Jail. Vernal Gabriel sued the District in 2004 after he fell while attempting …
$19.6 Million Verdict in Nassau County New York for Arrestee Run Over By Police by On February 19, 2010, a federal jury awarded $16.6 million to a former construction worker who was run over by a cop in 2005. Thomas Hartman sued Nassau County detective Karl Snelders after Snelders ran …
Article • May 15, 2011
D.C. Agrees to Pay $1,000 to Settle Negligence Suit Over Conditions at Lorton by On August 3, 2000, the District of Columbia agreed to settle a negligence suit brought on behalf of a prisoner at the now-closed Lorton Reformatory. On September 13, 1996, guards instructed Keith John Lewis to move …
Article • May 15, 2011
Disabled Washington Prisoner Paid $15,000 for Concussion, Neck Injury by On October 14, 2004, the State of Washington paid $15,000 to settle with a prisoner who was injured when a handicapped shower bench collapsed at the Stafford Creek Correctional Center. The prisoner, who suffered severe neck injury, a concussion, and …
Article • May 15, 2011
$3,000 Settlement in Slip and Fall Case by On January 22, 2001, the District of Columbia agreed to pay $3,000 to a prisoner who slipped and fell after stepping into a drainage hole that lacked a protective grill. While housed at the maximum security facility CB#1 at Lorton Reformatory, Darryl …
Article • May 15, 2011 • from PLN May, 2011
No Interlocutory Appeal from Denial of Motion for Reconsideration; $6,000 Settlement in New York Jail Abuse Case by The collateral order doctrine does not allow government defendants to take an interlocutory appeal from the denial of a motion for reconsideration of a district court’s denial of qualified immunity, the Second …
Article • May 15, 2011
Washington DOC Agrees to Pay $6,500 to Settle Slip and Fall Claim by On November 14, 2007, the State of Washington agreed to pay a woman who slipped and fell at the entrance of a Department of Corrections (DOC) facility $6,500. Beverly Smith slipped and fell while leaving a DOC …
Hurricane Rita FTCA Action Dismissed by On September 22, 2009, a federal court in Texas dismissed a Federal Tort Claims Act (FTCA) action brought by one attorney on behalf of more than 400 prisoners who were injured during Hurricane Rita. The plaintiffs were all incarcerated at the U.S. Penitentiary in …
California: $2,005,000 Verdict for Wrongful Death Caused by Police Officers’ Excessive Force by After four days of trial and five hours of deliberations, on April 11, 2011, a federal jury found that defendant police officers had used excessive force against a mentally ill man, which caused his death. The jury …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
$20,000 Settlement in Oklahoma Nuisance Claim, Prisoner’s Suicide by Oklahoma County, Oklahoma Sheriff John Whetsel and Oklahoma County paid $20,000 to settle a nuisance claim. The settlement came in a lawsuit filed by David Bard and his two minor children. Bard, in his April 11, 2007 complaint alleged that from …
Article • April 15, 2011
$24,500 Settlement in Slip and Fall Suit by Wackenhut Corrections Corporation paid $24,500 to settle a slip and fall and negligent maintenance suit filed by Florida prisoner Randolf Bailey. The incident occurred on October 2, 2002 at South Bay Correctional Facility. In his complaint, Bailey claims he was exiting the …
Article • April 15, 2011
$35,000 Settlement in Florida Prisoner’s Negligence Claim, Failure to Correct Dangerous Condition Against Geo Group by The Geo Group, Inc., Florida Correctional Finance Corporation, South Bay Correctional Facilities Financing Corporation and the Florida Department of Corrections paid $35,000 to settle a prisoner’s negligence claim. The settlement came in a lawsuit …
$75,000 Settlement in Prisoner’s Negligence Claim Injury Due to Failure to Correct Dangerous Condition by The Wackenhut Corrections Corporation paid $75,000 to settle a prisoner’s negligence claim. The settlement came in a lawsuit filed by Florida prisoner Thomas Less Stevens. Stevens alleged in his complaint against Wackenhut that on December …
Article • April 15, 2011
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Wackenhut Corrections Corporation Paid $29,900 to Settle Sexual Harassment Lawsuit by Wackenhut Corrections Corporation paid $29,900 to settle a lawsuit claiming sexual harassment. In her complaint, Marsha Senatti claims fellow Wackenhut employee Lee Jackson did unlawfully touch, in a sexual manner, her private parts and genitalia, including “rubbing his penis …
Article • April 15, 2011
Pennsylvania Prisoner’s Negligence Claim Denied by On March 19, 2008, Pennsylvania prisoner John McCool filed a medical negligence claim against the Pennsylvania DOC and various officials and employees for their improper treatment of his medical condition. The district court sua sponte dismissed his complaint on June 4, 2008 partially under …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
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