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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 Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …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 …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Prison Supervisors Can be Liable for Guard’s Sexual Abuse by David Reutter by David M. Reutter In denying a motion to dismiss, the U.S. District Court for Massachusetts held on July 1, 2009 that prison supervisors could be held liable for the sexual abuse of a prisoner because they failed …
Article • February 15, 2010 • from PLN February, 2010
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 …
Unprovoked Texas Cattle Prod Shocking More Than De Minimis Injury, Case Settles for $20,000 by Matthew Clarke by Matt Clarke On September 5, 2007, the Fifth Circuit Court of Appeals held that a guard who used a cattle prod to shock a prisoner without any provocation caused more than a …
Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part by On July 16, 2009, the Tenth Circuit Court of Appeals reversed in part a district court’s dismissal of a lawsuit involving the nondelivery of newsletters sent in bulk to a Wyoming state prison. Derrick R. Parkhurst, a Wyoming …
South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab by Matthew Clarke by Matt Clarke A Texas federal jury awarded $5 million to a former prisoner who was wrongly convicted of kidnapping and sexual assault based in part on falsified evidence generated by the Houston Police Department’s …
Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA by Brandon Sample On December 30, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a $9,063,000 jury award to a former prisoner, later exonerated by DNA evidence, whose criminal trial was rendered unfair by a police …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
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