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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 …
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 …
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