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Colorado DOC Settles Employee Sex Discrimination Suits by The Colorado Department of Corrections (CDOC) has agreed to reinstate one employee and pay her and another woman who were sexually discriminated against a total of $286,210 to settle their lawsuit against CDOC. The suit named CDOC, its former Executive Director, Joe …
Former New Jersey Prison Social Worker Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower courts 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 …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
“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 …
$3.1 Million Awarded to FBI Informant's Family by On October 16, 2008, the First Circuit U.S. Court of Appeals affirmed the September 2006 findings of the U.S. District Court for Massachusetts in awarding approximately $3.1 million to the estate of an FBI informant, John McEntyre, who was murdered after the …
$7,500 Settlement After Colorado Federal Prisoner Beaten At Florence Facility by Colorado federal prisoner Marion Bryant, Jr., brought a combined Bivens, 42 U.S.C § 1983 and federal tort action against federal guards and officials for excessive force in 1997. He alleged cruel and unusual punishment leading to injury, as well …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Federal Prisoner Sues For $1 Million After Being Raped By Guard by Kentucky federal prisoner Katherine West Wegner (plaintiff) brought a federal tort action for $1 million in 1995 after being raped by a Bureau of Prisons (BOP) guard. The guard had prior known incidents of such behavior that went …
Article • February 15, 2009
BOP Offers $150,000 Settlement After Prisoner Was Raped By Guard by Kentucky federal prisoner Vileiby Rosado brought a federal tort action in 1995 for $500,000 after being raped by a Federal Bureau of Prisons (BOP) guard who had prior undisciplined incidents for similar conduct. A $150,000 settlement was offered by …
Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers by On April 17, 2008, a Georgia federal court granted a prisoner summary judgment and nominal damages in a lawsuit over a jail policy that barred prisoners from receiving books, newspapers and magazines. David Robertson was incarcerated in …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
New Jersey Police's Negligent Duty Performance Induces City Liability by New Jersey resident Shana Massachi, estate administratrix for Sohayla Massachi, appealed her state tort suit dismissal after inadequate police procedures allegedly resulted in Sohayla's death. The dismissal was reversed because statutory immunity does not apply to negligently preformed ministerial duties …
Former Female Prisoners Settle Sexual Abuse Lawsuit in Virginia by State officials at Virginia’s Pocahontas Correctional Unit have reached a settlement agreement with nine former female prisoners who sued after being sexually abused by prison employees. The terms of the settlement, which was approved by the Governor’s office in July …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Article • August 15, 2008
Prison System Commissioner Not Liable For Out of State Transfer by The plaintiff was assaulted by an employee and later by other prisoners in a Texas jail to which he was transferred because of overcrowding in Colorado. The plaintiff's allegation against the Director of the Colorado prison system, that he …
Psychiatrists Who Okay Homicidal Cops Return to Duty Not Entitled to Qualified Immunity by A police officer abused the plaintiff. At the time, he had a remarkable record of bizarre and violent misconduct, including holding several police officers hostage with a shotgun after assaulting his wife (after which he was …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
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