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Article • May 15, 2010 • from PLN May, 2010
Opening Legal Mail Outside BOP Prisoner’s Presence States Constitutional Claim by The U.S. Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court decision denying qualified immunity to several Bureau of Prisons (BOP) employees accused of opening properly marked legal mail outside a …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 after Prisoner Fell from Bunk by On August 30, 2005, the County of Sacramento agreed to pay $7,500 to a prisoner who fell from his bunk while at the Sacramento County Main Jail (SCMJ). The prisoner claimed deliberate indifference to his safety. Peter Heines …
$12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp by A New York Court of Claims awarded a prisoner $12,000 for injuries incurred by a fall off a curb while in a wheelchair. Prisoner Darin Carathers became a paraplegic after sustaining a gun shot wound to the neck …
Article • May 15, 2010 • from PLN May, 2010
Flushing Junk Down Jail Toilets Damages Sewer System, Prompts $2.3 Million Settlement in California Lawsuit by In October 2009, the San Mateo County Board of Supervisors tentatively agreed to pay $2.3 million to settle a lawsuit that alleged county prisoners were damaging the adjoining sewer system by clogging it up …
Ninth Circuit: Federal Receiver May be Sued for Breach of Contract by Michael Brodheim The Ninth Circuit held on Oct. 30, 2009 that the Receiver appointed by a federal court to oversee delivery of medical care to prisoners in the California Department of Corrections and Rehabilitation (CDCR) was not immune …
Article • May 15, 2010
Sacramento County Agrees to Pay $500 to Settle Slip and Fall Suit by On October 12, 2006, the County of Sacramento agreed to pay $500 to a prisoner who alleged that he slipped and fell twice in a shower at the Sacramento Main Jail (SMJ) due to deliberated indifference by …
Article • May 15, 2010
$300,000 Settlement in City of New York Jail Slip and Fall by The City of New York paid $300,000 to settle a prisoner’s lawsuit claiming injuries from unsafe and hazardous conditions. Troy Washington, a prisoner at Riker’s Island Correctional Facility, on November 12, 2004, slipped and fell on water that …
Article • May 15, 2010
Arizona Sheriff to Pay $275,000 for Negligence of Jail Staff by In a complaint lodged in September 2009 by Phoenix attorney Joel B. Robbins, Esq., Maricopa County, Arizona Sheriff Joseph Arpaio was held liable for the negligence of his staff. The Plaintiff, Jerome Talbow, was a prisoner in the Maricopa …
Article • May 15, 2010
TDCJ Pays $43,000 in Settlement of Traffic Accident Liability by On August 30, 2007, Texas Department of Criminal Justice (TDCJ) agreed to pay $43,749 for damages incurred in a traffic accident on March 21, 2006 in Snyder, Texas. Although TDCJ contends it is not liable, the vehicle that caused the …
Massachusetts DOC Agrees to Pay $15,000 to Settle ADA Suit by On October 24, 2005, the Massachusetts Department of Corrections (DOC) agreed to settle a suit brought by a prisoner under the Americans with Disabilities Act (ADA) for $15,000. Paul Shedlock sued the DOC after staff at MCI Norfolk refused …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 to Settle Slip and Fall Claim by On July 29, 2002, the County of Sacramento agreed to pay a woman $7,500 who slipped and fell while attempting to use the toilet the Sacramento Main Jail. Denise Gilliatt was moved into a cell that jail …
Article • May 15, 2010
Washington Pays $12,000 for Slip on Ice at Probation Office by On December 17, 2008, the state of Washington paid $12,000 to settle a lawsuit filed by a woman who slipped on an iced-over puddle and fell onto the parking lot of a probation office in Marysville, Washington. As a …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
Summary Judgment Denied in Ohio Police Excessive Force Case by An Ohio Federal district Court granted in part and denied in part a motion for summary judgment in a lawsuit against guards at the Montgomery County Jail, alleging use of excessive force. After being arrested by Dayton Police for criminal …
Article • May 15, 2010
5th Circuit Affirms Judgment against Guard in Texas Excessive Force Case by On July 29, 2004, Texas prison Guard Juan Martinez was found guilty in district court of inflicting cruel and unusual punishment upon prisoner Avniel Awan Anthony. The finding was the result of a jury trial in the § …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit by On October 28, 2009, a New York federal court denied in part New York City jail officials' motion for summary judgment in a lawsuit brought by a Rikers Island pretrial detainee after guards allegedly ignored his request for …
Washington State Settles Prisoner's Personal Injury Claim for $20,000 by On January 8, 2007, the State of Washington settled for $20,000 a personal injury claim brought by a state prisoner. Michael Humburgs, a Washington State state prisoner, was incarcerated at the Larch Mountain Corrections Center when he injured his ankle. …
Colorado Sheriff Liable for Guard’s Sexual Assault on Detainee by The Tenth Circuit reversed the dismissal of a female detainee’s complaint holding that the sheriff had knowledge of jail conditions that were substantially likely to result in the sexual assault of the detainee. Huerfano County, Colorado detainee Michelle Tafoya filed …
Article • May 15, 2010
Washington DOC Agrees to Pay $1,000 to Prisoner Who Fell from His Bunk by On July 10, 2007, the State of Washington agreed to pay $1,000 to a prisoner who fell from his bunk. Jody Allen Miller was assigned to a lower bunk at the Wall Walla Washington State Penitentiary …
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