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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 …
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 …
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