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Article • July 15, 2003 • from PLN July, 2003
Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by by Matthew T. Clarke On May 1, 2002, two guards and an assistant warden were convicted in federal court of charges relating to the beating of a Philadelphia prisoner. In the latest of a series of settlements for …
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Article • July 15, 2003 • from PLN July, 2003
Expert Testimony Required to Prove Causation by The Eighth Circuit Court of Appeals held that a Missouri prisoner who suffered a stroke after being deprived of medication for hypertension for a month could not recover absent expert medical testimony on causation. Willie Robinson, a sixty-four year old man with a …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
Article • June 15, 2003 • from PLN June, 2003
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
Seventh Circuit Vacates $1.8 Million Award in BOP Suicide by by Mathew T. Clarke The Seventh Circuit Court of Appeals has reversed a case in which the survivors of a federal prisoner who committed suicide in jail received a $1.8 million award, rendering judgment in the government's favor. Robert Johnson, …
Article • May 15, 2003 • from PLN May, 2003
Dismissal for Failure to Allege Physical Injury Improper by Dismissal for Failure to Allege Physical Injury Improper The Second Circuit Court of Appeals held that dismissal under42 U.S.C. § 1997e(e) for failure to allege physical injury was improper where a prisoner's complaint requests injunctive and/or declaratory relief and the pleadings …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Article • April 15, 2003 • from PLN April, 2003
Florida Jury Awards $390,000 Over Defective Prison-Produced Chair by A Pinellas County (Florida) jury found that an office chair assembled by the Florida DOC's prison industries was defective, and the proximate cause of a state office worker's injuries. The jury awarded the woman $390,000 in damages; however, the recovery was …
Pro Se Tips and Tactics by John Midgley If you are litigating or planning a case in federal court against state prison officials, it is very important to be clear about what rights you are asserting and what relief you are requesting. Federal courts are not allowed to simply order …
Article • April 15, 2003 • from PLN April, 2003
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
PLRA Requires More Than De Minimus Physical Injury by The Ninth Circuit Court of Appeals has held that 42 U.S.C. §1997e(e) requires a prisoner demonstrate more than de minimus physical injury to receive compensatory damages for mental and emotional claims. Pre-trial detainee Eric Oliver filed a civil rights action alleging …
Article • April 15, 2003 • from PLN April, 2003
Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …
Article • March 15, 2003 • from PLN October, 2004
Jury Awards $20,000 to Nurse Stuck by Needle from HIV Positive Prisoner by On November 26, 2003, a Massachusetts jury awarded a nurse at a medical center, which treated prisoners from a nearby Worcester County prison, $20,000 for emotional distress that resulted from being stuck by a needle from an …
Tulia Travesty Settled for $6 Million by Hans Sherrer Tulia Travesty Settled For $6 Million by Hans Sherrer On August 22, 2003, Texas Governor Rick Perry pardoned 35 people whose convictions stemmed from a Swisher County drug investigation that began in 1998. The prosecution of those people began with the …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Medical, Hearing, Damages
$300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss by On October 31, 2003 a New York Court of Claims awarded Fishkill Correctional Facility prisoner Darryl Dickerson $300,000 for a partial hearing loss suffered because he was not provided timely medical treatment. Dickerson claimed he heard a popping …
Article • March 15, 2003 • from PLN October, 2004
New York Court Awards Prisoner $180,000 in Slip and Fall by On June 3, 2003, a court of claims in Rochester, New York, awarded prisoner Samuel K. Tambe $180,000 for injuries he sustained when he tripped over an elevated sidewalk slab at the Groveland Correctional Facility in Sonyea, New York. …
Article • March 15, 2003 • from PLN March, 2003
New York Prisoner Awarded $411,000 in Failure to Protect Suit by The New York State Court of Claims in Rochester, NY has awarded a state prisoner $411,000 for injuries he received when another prisoner attacked him. Michael Schindler, a 34-year-old New York state prisoner, was playing "two-on-two" touch football at …
Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense by Bob Williams Thaddeus-X Standard Retroactive Except For Qualified Immunity Defense by Bob Williams A federal district court in Michigan has held that the Thaddeus-X standard, rather than the "shocks the conscience" standard, is applicable to claims of guard retaliation for prisoners …
$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
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