GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
BOP Media Access Rule Upheld by The court of appeals for the Eleventh circuit held that the Bureau of Prison's media access rule, 28 C.F.R. § 540.2(6)(4) that limits prisoner media access only to people employed full time as journalists is constitutional. The court noted that neither prisoners nor the …
Evidentiary Hearing Required Before PLRA Termination of Consent Decree by Evidentiary Hearing Required Before PLRA Termination of Consent Decrees The court of Appeals for the Eleventh Circuit has held that a district court must hold an evidentiary hearing to determine if there are current and ongoing" violations of class member's …
Untimely Grievance Not Exhaustion of Administrative Remedies by The Eleventh Circuit Court of Appeals held a prisoner cannot claim exhaustion of administrative remedies by filing an untimely grievance and claiming further exhaustion would be futile. This 42 U.S.C. Section 1983 action was filed by a Georgia prisoner claiming Eighth and …
BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse by BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse The Eleventh Circuit Court of Appeals has held that the Federal Bureau of Prisons (BOP) …
Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication by In this case published in April 1991, a federal jury awarded $225,000 to a man who was denied prescribed glaucoma medicine while in the Fulton County (Georgia) Jail. Plaintiff Smith (first name unknown), was arrested for trafficking cocaine and …
Georgia Jury Awards $15,000 for Illegal Strip Search by Marilyn Snyder was pulled over in Georgia's Habersham County for suspected driving while under the influence. After she failed a roadside breath test, she was taken to the county jail where she was strip- searched. Thereafter, Snyder was given an Intoxilizer …
$200,000 Paid for Georgia Prisoner's Improper Detainment by Michael A. Vallone was arrested on three misdemeanor charges and detained at Georgia's Douglas County Jail for 7.5 months. He alleged he was not allowed access to an attorney or bail bondsman, and was virtually lost within the jail system. He was …
Raped Georgia Prisoner Awarded $300,000 Against Jailer, City by In this civil rights lawsuit, a Georgia-prisoner who was allegedly raped in her cell by a city jailer was awarded $300,000 plus attorneys fees and court costs. Plaintiff, Mary Isdell, claimed that while she was imprisoned in the Forest Park Jail, …
Georgia Student's Personal Injury Suit Against Guards Dismissed by The Court of Appeals of Georgia affirmed the Tattnall County, Superior Court's decision to enter summary judgment for prison guards in a personal injury complaint brought by a fifteen-year-old boy (plaintiff) who was physically restrained by the two guards during a …
Partial Amputation Defeats Summary Judgment by A Georgia federal district court has denied summary judgment to a doctor who treated a pre-trial detainee, holding the disputed facts merit resolution by a jury. Kenneth J. Seals asserted a state law claim of medical malpractice and Eighth Amendment violations for cruel and …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Injured Georgia Prisoner's Negligence Claim Survives, Others Fail by In this case involving a Georgia state prisoner who was injured while on a work detail, the Court of Appeals of Georgia, Fourth Division, held that the prisoner's failure to provide ante litem notice to one of the defendants, the Stone …
Ga. County Not Liable for Sheriff's Policies by Georgia's First Division Court of Appeals has affirmed the dismissal of claims against Dekalb County in the murder of Sheriff-elect Derwin Brown. The matter was before the appellate court after the lower court grated Dekalb County summary judgment. When Brown's widow's interlocutory …
Confession Not Linked to Tasering by The plaintiff's allegation that while in jail in Gwinnett county awaiting trial he was held in solitary confinement, shocked with a stun gun, and denied a shower for three months did not render his confession involuntary because he did not show a causal relationship. …
No Immunity for Cop Who Shot Arrestee in Holding Cell by The plaintiff was arrested for DWI; while in a police holding cell, an officer shot him in the abdomen under disputed circumstances. The Fourteenth Amendment use of force standard is governed by the factors set out in Johnson v. …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Appeal Courts Have Jurisdiction Over Consent Decree Modifications by Courts of Appeals have appellate jurisdiction over modifications of decrees. At 1029: A Georgia district court's interpretation of a consent decree operates as a modification when it changes the legal relationship among the parties. . . . This determination is not …
PLRA's Exhaustion Requirement Contains Procedural Default Component by The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement contains a procedural default component. Before the Court was an interlocutory appeal of a Georgia district court's denial of prison officials' motion to dismiss the …
GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed by GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed A movie theater worker identified only as Jenkins, a Georgia state prisoner, was convicted of distributing obscene material after showing the movie Carnal Knowledge. He unsuccessfully appealed …
