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Death Caused by Speeding Arizona Cop Nets $1.35 Million by Tempe, Arizona officials paid $1.35 million to settle a suit brought by the parents of a college student who was killed in a collision with a police officer. At 2 a.m. on November 26, 2005, Tempe police officer William Cullins …
Nunez v. Defrates, NM, Complaint, Wrongful Death, 2012 FILED IN MY MY OFFICE THIS 9 2012 APR -~ 92012 ;J7 r I2.LJ fLLJ A,r SEC01''D DISTRICT COURT COURT SECOND JUDICIAL JUDICIAL DISTRICT COUNTY BERNALILLO COUNTY OF OF BERNALILLO STATE NEW MEXICO MEXICO STATE OF OF NEW COURT CLERK DISTRICT DISTRICT …
Article • July 15, 2011
Utah Prison Van Accident States “Unnecessary Rigor” Claim by Mark Wilson By Mark Wilson The Utah Supreme Court found that a prisoner sufficiently alleged an “unnecessary rigor” claim under the State Constitution for injuries sustained in a transport van accident. Yet, the Court suggested that dismissal may be proper for …
Article • May 15, 2011
U.S. Extradition Services Settles Wrongful Death Suit by By Brandon Sample The family of a prisoner who was killed while being transported by a private prison transport company has agreed to settle its wrongful death suit. The parents of Shawn Talbot sued U.S. Extradition services after their son died while …
Article • November 15, 2010 • from PLN November, 2010
$2 Million Award in Maryland Prisoner’s Work Crew Death by A jury in Prince George’s County, Maryland found that state prison and highway officials and the driver of a private dump truck were liable in an accident that killed a prisoner who was picking up trash on the side of …
Article • February 15, 2010 • from PLN February, 2010
Department of Justice Releases Arrest-Related Death Statistics by Matthew Clarke by Matt Clarke The Bureau of Justice Statistics recently released statistics on state and local law enforcement arrest-related deaths for the years 2003 to 2006. Although Georgia, Montana and Maryland failed to respond to the survey and Nevada and Wyoming …
Arizona Prisoner, Abandoned in Outdoor Cage, Bakes to Death by Gary Hunter On May 19, 2009, Arizona state prisoner Marcia Powell, 48, collapsed after being left in an unshaded outdoor chain-link cage for four hours under a scorching summer sun. She later died. Temperatures at the Arizona State Prison Complex-Perryville …
No Tort Liability for Louisiana Employer Accused of Negligence in Death of Prisoner on Work Release by Louisiana prisoners injured while in work release may not pursue a tort action against the prisoner’s employer, the Court of Appeal of Louisiana, 2nd District, decided April 30, 2008. Instead, the exclusive remedy …
Article • June 15, 2009 • from PLN June, 2009
Federal Prisoner Dies During Illicit Tryst With His Wife by Desmond A. Greene, a prisoner at the Big Sandy federal prison in Martin County, Kentucky, was in his bunk just after midnight on October 5, 2008. But at 1:12 a.m. his wife, Susan A. Witherspoon, was banging on the front …
$1.35 Million Settlement in Fatal California Police Shooting by California’s Alameda County has settled a federal civil rights lawsuit that claimed police were liable for killing a bystander to a confrontation with police for $1.35 million. Officers David Taylor and Tara Russell responded to a Dublin house on August 11, …
“Cumulative Failure” Lets Mentally Ill Teen Leap to Death by A “cumulative failure” contributed to the death of an Oregon teenage mental patient, state investigators determined. Eighteen-year-old Heather Williams was a patient at the Blue Mountain Recovery Center, a state-run psychiatric hospital in Pendleton, Oregon. While being transported on December …
$750,000 Settlement for Colorado DOC Guard Death At Hands Of BOP Training Instructors by Colorado state resident Pamela Perse brought a federal tort action against the United States in 1995 after Federal Bureau of Prisons (BOP) personnel's negligence resulted in the death of her husband. The suit settled for $750,000 …
Prisoners Exposed to Toxic Dust at UNICOR Recycling Factories by Brandon Sample Federal Prison Industries (FPI), the largest legal sweatshop in America, has jeopardized the lives and safety of untold numbers of prisoners and staff working in its recycling factories, according to a preliminary report in an investigation by the …
Article • December 15, 2008 • from PLN December, 2008
South Dakota Guard Liable for Prisoner’s Electrocution Death by The Eighth Circuit Court of Appeals has held that a prison work crew guard was not entitled to qualified immunity in an Eighth Amendment suit alleging he failed to protect a prisoner from death by electrocution due to a downed power …
Article • October 15, 2008 • from PLN October, 2008
$449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell by $449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell The United States has settled a lawsuit alleging negligent supervision and observation of a prisoner who fell from a top bunk. While the settlement was …
Article • July 15, 2008
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
Article • June 15, 2008 • from PLN June, 2008
North Carolina Agency Liable in Jail Fire That Killed Five Prisoners by The North Carolina Supreme Court has held that the state’s Department of Health and Human Services (DHHS) has a statutorily imposed duty that creates a special relationship to prisoners that makes it liable in a negligence lawsuit. At …
Prisoners Died By the Thousands Between 2001 and 2004 by Michael Rigby by Michael Rigby Elderly prisoners are more than twice as likely to die behind bars as those who are not in prison, a report by the Bureau of Justice Statistics (BJS) on prison mortality rates reveals. White and …
Article • October 15, 2007 • from PLN October, 2007
Confidential Settlement for Alabama Prisoners Killed in Road Work Crew by A confidential settlement has been reached in the death of one prisoner and injury to another. The prisoners, John Nicholas Shoultz and David McKee, were prisoners of the Alabama Department of Corrections. They were picking up trash in the …
Quadriplegic California Prisoner Baked to Death in Transport Van by A California state prisoner being transferred in 109-degree weather from a Central Valley prison to a remote desert facility baked to death in the back of a transport van after the air conditioning in the passenger section of the vehicle …
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