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Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …
$40.1 Million Verdict Against CSC in Texas Prisoner's Medical Neglect Death by John E Dannenberg by John E. Dannenberg A Tarrant County, Texas jury awarded $35 million for negligence in the death of a boot camp prisoner, plus $5.1 million in punitive damages, against Florida-based Correctional Services Corp. (CSC) and …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
$177,000 Awarded in California Jail Medical Neglect Trial by John E Dannenberg by John E. Dannenberg On March 26, 2003, an Orange County, California Superior Court jury returned a verdict of $77,000 in compensatory damages against Orange County and County Sheriff Mike Carona, plus $100,000 in punitive damages, for ignoring …
$850,000 Settlement in LA County Jail Failure to Medicate Wrongful Death by The County of Los Angeles (LA), California settled a wrongful death claim on March 14, 2003 brought by the wife of an LA County Jail prisoner who died 2 ½ days after incarceration in August, 1999 because he …
CCA Abuse Goes Unpunished at New Jersey INS Detention Center by Mark Dow Maybe it was cynical courtroom theatre, or maybe the attorney for the Corrections Corporation of America (CCA) believed it when he ridiculed the very idea that prison guards would retaliate against prisoners for conducting a hunger strike …
Article • January 15, 2004 • from PLN January, 2004
$124,000 Awarded in New York Prison Bus Crash by On November 7, 2002, at a bench trial, the New York Court of Claims, Rochester, awarded Evin Lashbrook $124,000. In November 1996, Lashbrook was driving a truck when he was struck from behind by a New York State Department of Correctional …
Article • January 15, 2004 • from PLN January, 2004
$25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton On February 13, 2003, a State Court of Claims judge in Albany, NY ruled that a former prisoner at the Washington Correctional …
Maryland Detainee Chained to Pole Awarded Damages, but No Fees by The U.S. Fourth Circuit Court of Appeals has affirmed in part a jury award of damages against Maryland police officers who left an arrestee tied to a pole in a deserted parking lot. The court also affirmed denial of …
New Jersey: Prisoner Attacked, Rendered Quadriplegic, Settles For $9,700,000 by A former prisoner in the Burlington County (New Jersey) Jail, rendered quadriplegic when his neck was broken in an attack by another prisoner, settled with the county and state individually for a combined total of $9,700,000. Timothy Ryan, 32, was …
Article • December 15, 2003
Filed under: Civil Procedure, Damages
UK Prisoners Awarded Nearly 1 Million Pounds in Damages by Since 2003, 211 United Kingdom prisoners have been awarded 862,320 pounds to settle a wide range of claims, according to information provided to the Belfast Telegraph under the Freedom of Information Act. The highest total payout was more than half …
Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532 by The Arizona Court of Appeals upheld a jury verdict awarding a prisoner compensatory damages totaling $440,532 and punitive damages totaling $195,000, against Maricopa County, Sheriff Joseph Arpaio, his wife, and other defendants, for failing to protect him from …
Article • November 15, 2003 • from PLN November, 2003
Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide by Correctional Medical Services (CMS), a private provider of medical services to jails and prisons, lost a jury verdict in a case brought by a former Lake County, Illinois, Jail prisoner's estate alleging that CMS violated the prisoner's constitutional rights, …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Article • October 15, 2003 • from PLN October, 2003
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Article • October 15, 2003 • from PLN October, 2003
Survivors of North Carolina Jail Fire Settle for $1.94 Million by On January 9, 2003, Mitchell County (NC) Superior Court Judge Marlene Hyatt approved a settlement in which the families of the eight fatalities and the nine survivors of the May 3, 2002, Mitchell County Jail fire will split $1.94 …
Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Matthew T. Clarke By paying $500,000 and issuing letters of apology from the Sheriff, Pima County has settled two lawsuits by the survivors of two prisoners beaten to …
Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
Article • August 15, 2003 • from PLN August, 2003
Filed under: Civil Procedure, Damages
Pro Se Tips and Tactics: Damages by John Midgley 1. Overview of Punitive Damages When people discuss "money damages" in connection with a lawsuit for personal injury, they are usually thinking of damages that relate directly to the injury. Examples include money to compensate a plaintiff for lasting physical injury …
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