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Article • April 15, 2011
Qualified Immunity Denied in Taser Suit by On December 28, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed a denial of qualified immunity for a police officer accused of using excessive force during a traffic stop. Carl Bryan was stopped by Officer Brian McPherson of the Coronado …
Article • April 15, 2011
Sovereign Immunity Waived in Suicide Suit Under Vermont Tort Claims Act by The Vermont Tort Claims Act (VTCA) waives the sovereign immunity of the state of Vermont in suits challenging a prison’s failure to prevent suicide, the Supreme Court held on April 18, 1996. The estate of Rose Ann LaPlant …
Article • April 15, 2011
First Circuit Enters Stay to District Court Proceedings Following Interlocutory Appeal by On August 4, 2010, the U.S. Court of Appeals for the First Circuit stayed district court proceedings in a 42 U.S.C. § 1983 suit following an interlocutory appeal by three Boston police officers who were sued in their …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
$25,000 Settlement in D.C. Prisoner’s Slip and Fall Lawsuit by The District of Columbia (D.C.) paid $25,000 to settle the negligence lawsuit of prisoner Donnell Thomas for injuries sustained while helping unload supplies from an Aramark food service vehicle. While being held at Lorton Correctional Facility on August 4, 2000, …
Article • March 15, 2011
$6,000 Settlement in Washington DOC Slip and Fall Suit by The State of Washington paid $6,000 to settle the lawsuit of Cherie Linn Sims for injuries sustained from a cracked sidewalk. While walking down the sidewalk at Airway Heights Correction Center on October 27, 2003 around 8:30 p.m., Sims tripped …
Article • March 15, 2011
$10,000 Settlement in DC Guard’s Assault on Prisoner by The District of Columbia (DC) paid $10,000 to settle a lawsuit filed by prisoner Leonard Day for injuries sustained due to a guard assaulting him. While at the DC Jail on December 25, 1998, Day was severely beaten by a guard. …
Article • March 15, 2011
$10,000 Sex Abuse Suit Settled in Washington County by On June 5, 2008, Snohomish County agreed to pay $10,000 to a woman who was sexually abused by a guard at the Snohomish County Jail (SCJ). While at SCJ, Linda Ward was sexually abused by William Cassel, a former guard at …
$11,000 Settlement in D.C. Prisoner’s Failure to Protect Suit by The District of Columbia (D.C.) paid $11,000 to settle the lawsuit of prisoner Melvin Young for injuries sustained from his assault and stabbing at the hands of fellow prisoners. While at the D.C. Jail on November 8, 2005, Young was …
Article • March 15, 2011
$1,300 Settlement in D.C. Jail Prisoner’s Slip and Fall Lawsuit by The District of Columbia (D.C.) paid $1,300 to settle the lawsuit of Prisoner Rickie Henderson for injuries sustained when he slipped and fell in the shower. While at the D.C. Jail on April 8, 2003 Henderson slipped on the …
Article • March 15, 2011
$2,000 Settlement in DC Prisoner’s Burn from Exposed Hot Pipe by The District of Columbia (DC) paid $2,000 to settle a negligence suit filed by prisoner Neal Bowman for injuries sustained from burning his leg on an exposed hot pipe. While working out in the gymnasium of DC’s Occoquan Facility …
Article • March 15, 2011
$2,500 Settlement in DC Prisoner’s Fall from Bunk Suit by The District of Columbia paid $2,500 to settle the lawsuit of prisoner Michael J. Hinnant, for falling out of his top bunk and hitting his head. While incarcerated at the D.C. Jail on March 11, 2004, Hinnant received a bottom …
$5,000 Settlement in DC Prisoner’s Assault with Weapon by The District of Columbia (DC) paid $5,000 to settle the negligence suit of prisoner James Carson for injuries he sustained by the assault of another prisoner. While at DC’s Central Facility on November 11, 2000, Carson was struck by another prisoner …
Article • March 15, 2011
Ninth Circuit: Forcible DNA Extraction Violates Fourth Amendment by The Ninth Circuit Court of Appeals held that a detective’s forcible taking of a DNA sample at the request of a prosecutor violated a detainee’s clearly established Fourth Amendment rights, barring qualified immunity. Clark County Deputy District Attorney Elissa Luzaich wanted …
Article • March 15, 2011
D.C. Guard Settles Slip and Fall Suit for $50,000 by On June 21, 2001, the District of Columbia paid $50,000 to settle with a guard who had sued the District in D.C. Superior Court for negligence after she slipped and fell on a wet floor. According to the complaint, the …
Article • March 15, 2011
Motion to Dismiss in Eighth Amendment Suit Denied in Part by U.S. District Judge Christopher Conner has granted in part and denied in part a motion to dismiss filed by four Bureau of Prisons (BOP) defendants accused of Eighth Amendment violations. David Lee Womack sued D. Scott Dodrill, Harley Lappin, …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
Article • February 15, 2011 • from PLN February, 2011
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
Ninth Circuit Holds Private Prison Companies Can Be Sued Under Bivens for Violating Federal Prisoner’s Rights by Derek Gilna On June 7, 2010, the U.S. Court of Appeals for the Ninth Circuit held that Richard Lee Pollard, a prisoner in the custody of the Federal Bureau of Prisons (BOP) at …
Article • February 15, 2011 • from PLN February, 2011
$42,000 Verdict in Iowa Jail Excessive Force Case by A federal jury has awarded $42,000 to a woman who was placed in a restraint chair for seven hours. On January 25, 2006, while incarcerated at the Scott County Jail in Scott County, Iowa, Lillian Slater had a painful flare-up of …
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