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Article • November 15, 2009 • from PLN November, 2009
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Significant Injury Showing Not Required to Defeat Qualified Immunity in Excessive Force Case by The U.S. Court of Appeals for the Fifth Circuit rejected a claim for qualified immunity by a Texas prison guard who used excessive force against a prisoner. Texas state prisoner Marcus Brown alleged that in 1998 …
$1.95 Million Settlement in Michigan Man’s Taser Death by Michigan’s Shelby Township has paid $1.95 million to settle a lawsuit that claimed police used excessive force by using a Taser that resulted in a man’s death. Police confronted Steven Spears, 49, on August 4, 2007, after receiving a 911 call …
$102,205 Settlement in Portland, Oregon City Negligence of Officer’s Misconduct by The City of Portland, Oregon has paid $105,205 to two women who alleged a Portland Police Officer told them to lift their skirts and show him their underwear during a July 21, 2006, traffic stop or he would jail …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity by Brandon Sample The U.S. Court of Appeals for the Eighth Circuit has affirmed the denial of qualified immunity for a Bureau of Prisons (BOP) warden accused of denying a prisoner procedural due process in connection with the rejection of …
Article • September 15, 2009 • from PLN September, 2009
U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims by David Reutter by David M. Reutter The U.S. Supreme Court has retreated from a mandatory procedural practice for resolving government officials’ qualified immunity claims, leaving it to the discretion of lower courts as to which prong …
Article • September 15, 2009
$2,000 Settlement in Vehicle Damage Claim by Washington State’s King County has paid $1,960.37 to settle the claim of PHH Arval Vehicle Management Services. On December 10, 2007, PHH’s driver was going through an intersection when a county-owned vehicle pulling a trailer, driven by Patti Porter, attempted to pass and …
Article • September 15, 2009 • from PLN September, 2009
Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard by Brandon Sample In what one judge described as a “legal travesty,” on March 13, 2009, the U.S. Court of Appeals for the Sixth Circuit overturned a jury verdict in favor of a prisoner who had been sexually …
Article • September 15, 2009 • from PLN September, 2009
No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died by The U.S. Court of Appeals for the Eighth Circuit has affirmed a denial of qualified immunity for three Greene County, Arkansas jail guards accused of violating a prisoner’s Eighth Amendment rights. On January 4, 2002, Phil …
Article • September 15, 2009
$13,500 Settlement in Premise Liability Claim by Washington State’s King County Jail has paid $13,500 to Sandra K. Thompson for injuries that occurred when she stepped in a hole in the sidewalk of the Juvenile Justice Center, which caused her to step into a bigger hole. As a result, she …
Article • September 15, 2009
$14,000 Settlement in Accident Caused by County Employee Running Red Light by Washington State’s King County has paid $14,000 to settle the claim of Galina Labaz, who was injured when her car was hit by a county vehicle driven by King County employee Debra Hindman. As she was driving through …
Former New Jersey Prison Social Worker’s Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower court’s dismissal of a lawsuit filed by a former prison health care worker. Angela Hoag was a licensed social worker employed by Correctional Medical Services, Inc. and worked at Southern State …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
Article • September 15, 2009
$35,000 Settlement in Knee Injury at Seattle Jail by Washington State’s King County has paid $35,000 to settle the claim of Otis Hubbard, who claimed that he was pushed backwards at the Regional Justice Center Jail on July 16, 2000. The claim does not say who pushed Hubbard backwards, causing …
Article • September 15, 2009
$4,400 Settlement in Slip and Fall at Jail by Washington State’s King County Jail has paid $4,443 to settle the slip and fall claim of Patricia Hayes. While visiting her brother at the jail on November 17, 2004, Hayes slipped and fell on a wet surface. It caused a contusion …
Article • September 15, 2009
$5.2 Million Settlement in Failure to Supervise Seattle Juvenile Probationers by Washington State’s King County paid $5,232,914.37 to settle the law suit of Said Muhamed Aba-Sheikh. On March 27, 1999, a gang of four boys – Michael Gallow, Miguel Pierre, Michael Anderson and Pulafano Ativalu – approached 16-year-old Aba-Sheikh as …
Article • September 15, 2009
$7,500 Settlement in Worker’s Compensation Suit against Snohomish County Jail by Washington State’s Snohomish County paid $7,500 to settle the worker’s compensation negligence law suit of Michelle M. Benton, who worked in the County Jail’s kitchen as an employee of Compass Group U.S.A., Inc., which is the jail’s private food …
Article • September 15, 2009
$23,000 Settlement in Auto Accident by Seattle Jail Employee by Washington State’s King County paid $23,094.30 to settle the claim of Larisa Labaz, who was driving through an intersection on a green light when county employee Debra Hindman ran a red light in a juvenile division vehicle and hit Labaz’s …
Article • September 15, 2009
$25,000 Settlement in Seattle Jail Slip and Fall by Washington State’s King County paid $25,214.38 to settle the claim of Paul R. Cory, who claimed that on January 26, 2001, he fell when attempting to enter the recreational area over the raised step-like entryway with metal strips on top. Cory …
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