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$2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving by A $2.4 million settlement has been reached in a lawsuit involving three children being killed in an automobile accident caused by a California jail guard on the way to work. As Tulare County guard Joseph D. Armstrong …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care by Los Angeles County has agreed to pay $900,000 to a prisoner who lost his foot after staff at the Los Angeles County Sheriff’s Department (LASD) in California delayed processing a culture test that later …
Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit by Andrew W. Kilburn, a Massachusetts state prisoner, filed suit in state superior court alleging negligence and violation of the Eighth Amendment by Department of Correction (DOC) officials and medical personnel employed by Correctional Medical Services (CMS) and University of Massachusetts …
Article • January 15, 2010
New York City Pays $5.5 Million to Suspect Hit By Cop Car by The City of New York agreed to pay an admitted drug user who was hit by a police car while fleeing police one of the highest personal-injury payouts of fiscal year 2009: $5.5 million. Manuel Martinez, 29, …
Article • January 15, 2010
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001 by Eric K. Dannenberg, a California state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 in federal district court alleging that, while he was incarcerated in the transient section at the Wasco …
Article • January 15, 2010
Qualified Immunity Awarded to Guards for Restraint Necessitating Amputation by The Court of Appeals of Georgia has affirmed the grant of qualified immunity for two Glynn County Detention Center (GCDC) guards accused of violating a prisoner’s civil rights resulting in leg amputation. Diana Whitten was arrested for a probation violation …
Eighth Circuit Rejects Failure to Protect Claim by On July 9, 2009, the U.S. Court of Appeals for the Eighth Circuit rejected a failure to protect claim brought by the family of a prisoner who was killed at the Sherburne County Jail in Minnesota. Carl Moyle was killed by his …
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Article • December 15, 2009
$4.6 Million Federal Jury Award to New York Man Pushed Off Roof by Cop by On April 7, 2009, a New York federal jury awarded $4.2 million to a man who was rendered paraplegic when a rookie cop pushed him off a roof. Shawn Lewis, 32, was chased to the …
$25,000 Settlement For Tourist Injured Visiting Alcatraz by On January 26, 2009, the United States agreed to pay $25,000 to a tourist injured while visiting Alcatraz, a federal prison turned national park. Roberta Klein sued the United States under the Federal Tort Claims Act after she fell and suffered severe …
Article • December 15, 2009
Ex-Prisoners Acquitted for Insufficient Evidence May Not Sue Texas by On July 31, 2008, a Texas appeals court ruled that persons who were convicted of a crime, spent time in prison while awaiting appeal, but were acquitted due to insufficient evidence on appeal, were not entitled to sue the State …
Article • December 15, 2009
TDCJ Pays $100,000 to Settle MVA Personal Injury Case by On May 28, 2004, the TDCJ agreed to pay a $100,000 settlement to Linda Holcomb for injuries she suffered in a motor vehicle accident on November 14, 2001 involving her and TDCJ employee, Rickey Neeley. Represented by Palestine, Texas attorney …
Article • December 15, 2009
TDCJ Settles MVA Personal Injury Suit by On April 8, 2005, an undisclosed settlement was reached in a personal injury suit filed against the Texas Department of Criminal Justice (TDCJ) and Department employee, Ronald Babic. Represented by Texas City attorney Russell G. Burwell III of Burwell, Burwell, & Nebout, LLP, …
TDCJ Settles Race Discrimination Suit Following Denial of Sovereign Immunity by On May 20, 2004, a Texas appellate court denied an appeal filed by the Texas Department of Criminal Justice (TDCJ) after a district court denied a motion for summary judgment and another for sovereign immunity in a race discrimination …
$150,000 Settlement in Tennessee Jail Beating by Sullivan County, Tennessee has paid $150,000 to settle the claim of a former prisoner who was beaten at the county’s jail. The suit alleged the sheriff’s department failed to properly train and supervise jail guards, deliberately placed the prisoner in a dangerous situation, …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
Abu Ghraib Abuses Not Covered by Insurance Policy by The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s order that held an insurance policy obtained by a company who was sued for detainee torture in Iraq has no duty to defend the company because the events …
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