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Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
Washington State Settles DOC Slip-and-Fall Claim for $20,000 by On July 7, 2007, the State of Washington settled for $20,000 a tort claim filed by woman who was injured by a fall at a Department of Corrections office in Kennewick. The woman was a health care provider earning $829.00 a …
Washington State Settles Prisoner's Premises Defect Suit for $5,000 by On June 29, 2007, the State of Washington settled for $5,000 a lawsuit brought by a prisoner who had been injured due to a premises defect at a state prison kitchen. Louis R. Pace was a Washington State prisoner incarcerated …
Article • May 15, 2010
Washington State Pays Employee $1,152.99 for Damage to Car by On May 9, 2007, Washington State paid $1,152 to a Department of Corrections (DOC) employee whose car was .damaged as she pulled out of an employee parking space. Elain Harmon, a DOC employee, was pulling out of a parking space …
Illinois Prison Doctor Liable for Failing to Treat Testicular Cysts by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals remanded a civil rights action that claimed a prison doctor’s care was deliberately indifferent to an ex-Illinois prisoner’s serious medical needs. The Court, however, affirmed dismissal as …
$862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death by A settlement of $862,500 has been reached in the death of a mentally ill prisoner who died at Ohio’s Summit County Jail (SCJ). While acting in a delusional and disoriented manner, Mark D. McCallaugh, 28, was arrested on August 7, …
Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John Dannenberg Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals …
NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …
California Prison Officials Settle Deliberate Indifference Suit for $12,000 by Michael Brodheim Following mediation in July 2008, Peter Cockcroft, proceeding pro se, agreed to a $12,000 settlement of his § 1983 suit for damages alleging Eighth Amendment violations that transpired between March 2004 and January 2006, when he was a …
Article • April 15, 2010 • from PLN April, 2010
Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional by Matthew Clarke by Matt Clarke On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution. Shawanna …
Article • April 15, 2010 • from PLN April, 2010
$300,000 Settlement in New York City Jail Prisoner’s Slip and Fall Accident by The City of New York paid $300,000 to settle a prisoner’s slip and fall injury. The settlement came after a jury was picked for trial. As prisoner Troy Washington was walking back to his cell at the …
Tear Gas: Chemical Cops Tear Gas and Pepper Spray Can be Deadly by Terry J. Allen Tear Gas: Chemical Cops Tear Gas and Pepper Spray Can be Deadly by Terry J. Allen, In These Times, May 29, 2000 The tons of tear gas and pepper spray munitions Seattle police used …
Article • April 15, 2010
The Big Three Chemical Weapons by Terry J. Allen by Terry Allen Each of the three chemical weapons used by the Seattle police—CN and CS tear gases and pepper spray—carries risks. The danger depends not only on how and on whom the weapons are used, but on the particular strength …
Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending by Brandon Sample On February 23, 2009, U.S. District Court Judge Matthew F. Kennelly granted partial summary judgment to the plaintiffs in a class action lawsuit challenging certain strip and visual body cavity searches conducted at Illinois’ Cook County …
Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found …
Article • March 15, 2010 • from PLN March, 2010
Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death by Mark Wilson The Sixth Circuit Court of Appeals has held that a lower court improperly deferred a qualified immunity determination to the jury. The appellate court decided that jail guards, a jail physician and a paramedic were not entitled to …
California Prisoner Settles Medical Suit for $35,000 by Eighteen months after surviving a motion for summary judgment, California prisoner William Milton agreed to a settlement of $35,000 in a case involving denial and delay of medical treatment. Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Article • March 15, 2010 • from PLN March, 2010
$100,000 Settlement in New York Prisoner’s Slip and Fall Claim by The State of New York agreed to pay $100,000 to settle a prisoner’s slip and fall claim that occurred at the Groveland Correctional Facility. The settlement comes in a claim filed by prisoner James Mahoney, who was assigned as …
$60,000 Settlement for Washington Prisoner Injured by Chemical Spill by The State of Washington paid $60,000 to settle a prisoner’s claim that he was injured due to a chemical spill. While working in the kitchen at the McNeil Island Correction Center, prisoner George D. Douglas reached for a chemical bottle …
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