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Article • December 15, 2004 • from PLN December, 2004
Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated by The Second Circuit Court of Appeal has affirmed a district court's order setting aside a jury's verdict of $108,000 in a prisoner's lawsuit alleging deliberate indifference to his serious medical needs. New York prisoner Juan Hernandez sustained multiple gunshot …
Article • May 15, 2004 • from PLN May, 2004
Missed HIV Medication Did Not Create a Serious Medical Need by The U.S. Court of Appeals for the Second Circuit affirmed a district court's denial of a motion for new trial by an HIV+ prisoner who complained that there was insufficient evidence to support the jury's verdict against him. Willie …
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners by PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners A federal district court in Puerto Rico has denied the defendant's motion for new trial in an excessive force case, and awarded attorney fees and costs to …
Article • February 15, 2003 • from PLN February, 2003
Jury Awards $392,000 for Failure to Protect New York Jail Prisoner by A federal district court in New York has denied a guard's motion seeking judgment as a matter of law, or for a new trial after a jury awarded a prisoner $392,000 total damages for the guard's failure to …
Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
New York Jury Awards $900,000 for Jail's Failure to Protect by A federal jury awarded judgment of $900,000 against the County of Nassau and the Sheriff of Nassau for failing to protect prisoner Steven W. Arnold from being assaulted and severely beaten while detained in the Nassau County Jail. PLN …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Former Jail Prisoner Awarded $8,000 for Abuse; PLRA Attorney Fee Limit Inapplicable to Juveniles by The court of appeals for the Eighth Circuit held that there was sufficient evidence that the county's policies regarding the housing of juvenile detainees, resulted in overcrowding, which led to a juvenile being beaten, raped …
Detainee Awarded $64,000 in Guard Attack by A federal district court in Iowa denied jail guards' motion for a new trial on a detainee's jury verdict awarding $64,000 in an excessive force suit. Jeffrey Schultz was arrested and booked into the Woodbury county jail. During the booking Schultz was shackled, …
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
No Interlocutory Appeal From Judgement by In the July, 1994, issue of PLN we reported Littlewind v. Rayl, 839 F.Supp. 1369 (ND 1994). The case involved a North Dakota state prisoner who, after assaulting a guard, was put into four point restraints, naked, for seven hours, 23 hours in three …
Hog-Tying Violates 8th Amendment by Eugene Littlewind is a North Dakota state prisoner. In 1988 Littlewind and three other prisoners attacked a guard in the North Dakota Penitentiary segregation unit. After the attack, Littlewind cooperated with guards and was taken to the prison's observation unit. Once there he was stripped …
Article • October 15, 1990 • from PLN October, 1990
Wetmore v. Gardner by At 735 F.Supp 974, is the ruling of Federal Judge Quakenbush on the states Motion to overturn the jury verdict in favor of Mr. Wetmore challenging the policy of rectal "probes" by officials at the Walla Walla Penitentiary. The jury found the policy unconstitutional and awarded …
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