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No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
Article • July 15, 2004 • from PLN July, 2004
$1.5 Million Verdict in NYC Jail Medical Malpractice Death by A jury awarded $1.5 million on January 23, 2004 for the wrongful death of a 37 year-old mother of six who died on September 30, 1998 in a New York City (NYC) jail holding cell from improper medications given her. …
Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served by The Second Circuit Court of Appeals held that the amount of time a prisoner is sentenced to a Special Housing Unit (SHU) rather than the amount actually served is the determining factor to make a qualified immunity …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided another in a series of cases about when prisoners can sue directly under 42 U.S.C. § 1983, versus when they must first employ habeas corpus proceedings, to challenge actions by prison officials. The difference is very important …
Article • June 15, 2004 • from PLN June, 2004
Florida's Incarceration Cost Recovery Statute Constitutional by The Florida Supreme Court held that a Florida statute that imposes civil liens for recovery of incarceration cost and victim restitution violates neither the Ex Post Facto Clause or Due Process. Florida prisoner 011ie James Goad, who has been incarcerated since February 1991, …
$1.4 Million Awarded in Kansas Prisoner Death by In August, 2003 a State Jury in Leavenworth County, Kansas, awarded the son of a Kansas State prisoner who was killed after being stabbed by another prisoner on August 8, 2000, $1.4 million. Donald R. Grisham was stabbed on his 27th birthday …
Article • June 15, 2004 • from PLN June, 2004
Actual Damages Required to Maintain Suit Under Federal Privacy Act by Actual Damages Required to Maintain Suit Under Federal Privacy Act The United States Supreme Court recently held that a showing of actual damages is required in order to maintain a civil action brought under the Privacy Act of 1974. …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Damages, Costs
Common Fund Required for Incentive Award by The Sixth Circuit Court of Appeals held a named class representative may not receive an incentive award unless a common fund is established. Prisoner C. Pepper Moore, who was named a class representative in 1988 in Hadix v. Johnson, which was a class …
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded by The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against …
New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict by by Matthew T. Clarke The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration. Robert L. Lockley, …
Article • May 15, 2004 • from PLN May, 2004
Illinois County Necessary Party in Suit Against Elected Official by Illinois County Necessary Party in Suit Against Elected Official In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or …
Article • May 15, 2004 • from PLN May, 2004
Innocent Ohio Man Paid $750,000 for 10 Years Imprisonment by In 1991, Jimmy "Spunk" Williams, 32, was convicted of raping a 12 year-old girl, and sentenced to life in prison. Williams was appointed attorney Tom Watkins to represent him at a December 2001 parole hearing. Convinced of Williams' innocence, Watkins …
Article • May 15, 2004 • from PLN May, 2004
$252,000 Awarded in Kansas Prisoner's Suicide by The suicide of Scotty Ray Sisk, a prisoner at Kansas' Shawnee County Department of Corrections (KDOC) has resulted in an award of $252,000 to his parents. On July 6, 1999, Sharon Sisk called the prison and told guard Joel Manzanares that she thought …
Article • May 15, 2004 • from PLN May, 2004
PLRA Physical Injury Rule Applied to Non-Prison Case by PLRA Physical Injury Rule Applied to Non-Prison Case The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even if such custody occurred outside prison walls. …
Article • May 15, 2004 • from PLN May, 2004
Physical Injury Rule Doesn't Bar Strip Search Suit by Vacating dismissal by the U.S. District Court, Northern District of Illinois, the U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded an Eighth Amendment violation in a prison strip-search and that 42 U.S.C. § 1997e(e) does not bar …
Denial of Grievance Forms Excuses Failure to Exhaust by Denial of Grievance Forms Excuses Failure to Exhaust The U.S. Third Circuit Court of Appeals reversed a Pennsylvania federal district court's dismissal of a state prisoner's civil rights suit for failure to state a claim. Pennsylvania prisoner Mark Mitchell was incarcerated …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
Article • April 15, 2004 • from PLN April, 2004
New York Prisoner Awarded $435,000 in Tire Accident by New York Prisoner Awarded $435,000 in Tire Accident On June 10, 2003, the Court of Claims in Rochester, New York, awarded $435,000 for pain and suffering to a New York prisoner who was injured when a forklift tire exploded in his …
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