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Alaska Prisoners May Assert Third-Party Beneficiary Claim Against Contract Medical Provider by Alaska prisoners may bring a third-party breach of contract claim against contract medical providers for medical negligence, the U.S. Court of Appeals for the Ninth Circuit decided August 28, 2007. Joseph Miller, an Alaska prisoner, sued Corrections Corporation …
Article • June 15, 2009
Arkansas City Settles Dispute Over Housing Prisoners In County Jail by The City of Pine Bluff, Arkansas reached a settlement with Jefferson County, Arkansas over a declaratory judgment regarding the meaning of the phrase "prisoners of municipalities" as used in an Arkansas statue governing how jail costs are appropriated between …
$325,000 Award for Virginia Sheriff's Sexual Harrasment, Battery and Harassment by On January 15, 2008, a federal jury awarded a former sheriff's deputy $325,000 for battery and sexual harassment she suffered at the hands of a former sheriff. Lespia King, 22, a former deputy at the Roanoke City Jail in …
California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Ohio Woman Awarded $350,000 for False Arrest by On August 30, 2005, a federal jury in Ohio awarded Michelle Black-Hosang $100,000 in compensatory damages, as well as $250,000 in punitive damages for her unlawful arrest by Sergeant James Mendenhall of the Ohio State Police. Additionally, Black-Hosang is seeking more than …
Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matthew Clarke Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matt Clarke On April 2, 2009, a Texas Court of Appeals upheld a jury award of $22,000,000 in actual damages …
Article • June 15, 2009 • from PLN June, 2009
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David Reutter Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David M. Reutter The Eleventh Circuit Court of Appeals held that prison officials who open legal …
Article • June 15, 2009 • from PLN June, 2009
D.C. Circuit Reverses Dismissal of Deliberate Indifference Gallstone Claim by The U.S. Court of Appeals for the D.C. Circuit reversed the dismissal of a prisoner’s civil rights action alleging inadequate medical care. Herbert Brown, a prisoner in the District of Columbia (District), was incarcerated at the notorious Lorton Correctional Facility …
New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matthew Clarke New Trial and JNOV Denial Upheld in $15,545,000 Michigan Prisoner Sexual Harassment Case by Matt Clarke On January 27, 2009, the Michigan Court of Appeals upheld a trial court’s denial of a motion for …
Article • June 15, 2009 • from PLN June, 2009
Indiana Court Denies Challenge to Monopolistic Prison Phone Contracts by John Dannenberg by John E. Dannenberg The Indiana Court of Appeals has rejected a class-action suit brought by families and friends of prisoners who challenged prison telephone contracts as monopolistic and prison phone rates as oppressive. The appellate court held …
Ninth Circuit: County Contractor that Counsels Bad-Check Writers Not Entitled to State Sovereign Immunity from Suit by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has ruled that a private firm hired by a California county to run a diversion program for bad-check writers was …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Quadriplegic Man Wins Judgment Against Pasadena by A California jury ordered the City of Pasadena to pay just under $79,000 to a quadriplegic man for failing to train its police in the proper handling of quadriplegics. Cornell Greathouse filed suit against the City alleging a laundry list of mistreatments at …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
Article • May 15, 2009 • from PLN May, 2009
Washington DOC Agrees to Pay $850,000 to Family of Victim Killed by Drunk Driver Under Community Supervision by On April 16, 2008, the Washington Department of Corrections (DOC) settled a lawsuit brought by the family of a woman killed by a drunk driver under DOC community supervision for $850,000. Charles …
Article • May 15, 2009 • from PLN May, 2009
$7,025 Award in Slip and Fall From Ohio Prison Bunk by $7,025 Award in Slip and Fall From Ohio Prison Bunk The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell …
Article • May 15, 2009 • from PLN May, 2009
South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard by South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard A South Dakota federal jury awarded a former female pretrial detainee $1.1 million in damages for being raped by a guard at the Pennington County Jail. The …
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