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No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to …
Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case by On December 30, 2008, a Massachusetts state court awarded a former prisoner $547,566 in attorney fees and $2,741 in costs and litigation expenses in a civil rights action in which the plaintiffs were awarded only nominal …
Article • July 15, 2009 • from PLN July, 2009
$75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell by Washington State’s King County Jail has settled a pre-trial detainee’s claim that he was unconstitutionally punished. The Jail settled the matter for $75,000. The basis of the claim was a guard shutting off the water in the prisoner’s …
Article • July 15, 2009
Slip and Fall Nets $5,000 Settlement by Washington State’s King County Jail paid $5,000 to settle a slip and fall claim filed by former prisoner Clifford Goodwin. The claim alleged that on September 10, 2001, Goodwin fell in urinal waste water that was on the floor due to a broken …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
$875,001 Verdict in Beating of Massachusetts Prisoner by David Reutter by David M. Reutter Finding that a guard at Massachusetts’ Suffolk County House of Correction (SCHC) had violated a prisoner’s Eighth Amendment rights and committed assault and battery, a federal jury awarded the prisoner $875,001 in damages. The 121-page complaint …
Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David Reutter Report Criticizes Conditions in U.S. Immigrant Detention Center in Tacoma, Washington by David M. Reutter Conditions at the federal immigration center in Tacoma, Washington, are substandard and not in compliance with national standards, “much less international …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois by Class Action Disability Discrimination Suit Certified Against Cook County Jail in Illinois On March 26, 2008, U.S. District Court Judge Elaine E. Bucklo certified a class action lawsuit against the Cook County Department of Corrections (CCDC) alleging …
Buford-Lewis v. Marion County, IN, Settlement, jail conditions, 2008 Case 1:07-cv-00527-SEB-DML Document 58 Filed 12/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTHONY BUFORD-LEWIS, III, et al., Plaintiffs, v. MARION COUNTY, INDIANA, Defendant. ) ) ) ) ) ) ) ) ) No. …
Article • July 15, 2008
Massachusetts Correctional Institution's BX Unit Ruled Inhumane by Massachusetts Correctional Institution at Bridgewater (MCI) representative, Frank Hall, and other officials objected to a magistrates report finding unconstitutional conditions of confinement at MCl's BX Unit (Unit). The report was adopted and remanded for the magistrate's remedial instruction as Special Master. The …
Article • May 15, 2008
Delaware Prisoner’s Conditions Suit States Claim by Delaware Prisoner's Conditions Suit States Claim The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
Civil Grand Jury Calls San Mateo County Women’s Jail a “Crowded Disgrace” by Civil Grand Jury Calls San Mateo County Women's Jail a "Crowded Disgrace" The San Mateo County (California) Civil Grand Jury found that the decades-old Women's Correctional Center in Redwood City was so deficient that it must be …
More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case by A federal jury in New Hampshire has awarded a total of $150,000 to two former prisoners in the continuing saga of false disciplinary charges by a guard at the Hillsborough County Jail. These cases stem from the actions …
Article • May 15, 2007
Municipal Judge Not Policy Maker in Arrestee's Toilet Denial Suit by The Tenth Circuit Court of Appeals held that a municipal judge does not act as a policy maker to impute liability against a city. The pro se plaintiff in this case filed a 42 U.S.C. § 1983 action alleging …
Article • May 15, 2007
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
Article • May 15, 2007
Exposed Toilet in Maine Jail Upheld by The plaintiff alleged that he was placed in a cell where he was in the direct view of female prisoners in another cell when he performed his bodily functions. There is no evidence that any jail staff member knew that this was the …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
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