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Adams v. CCA, CO, Plf Mot to Suppress Plf Depositions, prison riot, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS et. …
Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time by Bob Williams For the second time, the Tenth Circuit has reversed the dismissal of a pro se prisoner’s lawsuit alleging he was denied basic hygiene items when his available money was spent on court-related expenses. Colorado state …
Eighth Circuit Affirms Denial of Qualified Immunity for Guards Accused of Deliberate Indifference; $5.2 Million Verdict, $450,000 Settlement on Remand by Brandon Sample On August 20, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s denial of qualified immunity to six Garland County Adult Detention …
Adams v. CCA, CO, Order granting Plf Mot to Suppress Plf Depositions, prison riot, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. …
THE ANATOMY OF A POST-TASERING DEATH by Lynn Wilson By Lynne Wilson The Government of British Columbia’s independent inquiry into the circumstances surrounding Robert Dziekansi’s death on October 14, 2007 is the most comprehensive and illuminating investigation conducted to date into the dangerousness of Tasers or “conducted energy devices or …
Article • May 15, 2011
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Eighth Circuit Reverses Transport Rape Summary Judgment by The Eighth Circuit Court of Appeals held that prison officials were not entitled to summary judgment on a female prisoner’s claim that she was raped during transport. On December 15, 2005, Missouri prisoner Penny Whitson was being transported from the Stone County …
Article • May 15, 2011 • from PLN May, 2011
Connecticut Sues Prison Builders for $18 Million by Gary Hunter On February 27, 2008, Richard Blumenthal, Attorney General for the State of Connecticut, announced that his office had sued 13 contractors and their insurers seeking more than $18 million in connection with the construction of 22 buildings at the York …
Article • May 15, 2011
No Sovereign immunity for City or Police Officer in Vehicle Collision with Pedestrian by Brandon Sample Brandon Sample The Ohio Court of Appeals for the Ninth District has affirmed a lower court’s denial of summary judgment for the City of Cuyahoga Falls and one of its police officers. Timothy Brown …
Michigan Jail Nurse Denied Qualified Immunity in Detainee Death Case by Mark Wilson By Mark Wilson The Sixth Circuit affirmed the denial of a Michigan jail nurse’s motion for summary judgment on qualified immunity ground related to a prisoner’s death from untreated alcohol withdrawal. On March 1, 2004, Larry Bertl …
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 …
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