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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 …
Article • February 15, 2009
Oregon Prohibits Public Individuals' Cause Of Action Elimination Absent Adequate Substitution by The Oregon Health Sciences University (OHSU) sought review of an appellate ruling disregarding statutory provisions and allowing claims against the OHSU's individual defendants for neglect causing permanent brain damage to Jordan Clarke in 1998. Clarke's guardian, Sari, sought …
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 …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
Article • February 15, 2009
N.Y. Guards Remain In Nassau Correction Center Kitchens by The Nassau County (New York) Sheriff Officer's Association, Inc. (SOA) appealed their preliminary injunction denial allowing civilian workers and supervisors to replace guards at the Nassau County Correction Center (NCCC). The denial was reversed. The SOA filed suit after kitchen workers …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
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 …
Article • February 15, 2009
District Of Columbia Moultrie Courthouse Deemed Seriously Substandard by The U.S. Department of Justice (DOJ), Office of the Inspector General (OIG), prepared a report revealing substandard conditions as well as safety and security inadequacies at the District of Columbia's (DC) H. Carl Moultrie I Courthouse. In 1975, construction began on …
Article • February 15, 2009
$10,000 Settlement For Ex Federal Prisoner After Slipping In Water by Ex Federal prisoner and Michigan resident William Bonhart brought a federal tort action in 2000 against the U.S. Department of Justice (DOJ) and the Federal Bureau of Prisons (BOP) after slipping in water in 1998 at the Federal Correctional …
$12,773.46 Settlement After BOP Vehicle Rear Ends Motorist by Tennessee resident Beverly Oliver brought a federal tort action against the United States in 1996 after being rear ended by a Bureau of Prisons (BOP) truck driven by a prisoner. The $75,000 suit settled for $12,773.46. Oliver was a passenger in …
Article • February 15, 2009
$20,000 Settlement After Citizen Falls At Federal Medical Center by Missouri resident Wealtha Liggins brought a federal tort action against the United States in 1996 after she fell at the Federal Medical Center (FMC) in Kentucky. The $500,000 suit settled for $20,000. Liggins was a guest at the FMC in …
$50,000 Settlement In Memphis Policeman's Training Injury by Memphis (Tennessee) policeman Michael Cockerell and his wife Linda brought a federal tort action against the United States in 1999 after he fell during an obstacle course training exercise at a federal facility. The $1,500,000 suit settled for $50,000. Cockerell was training …
$185,000 Settlement For Man Needlessly Beaten By Seattle Police by Seattle resident Maikoiyo Alley Barnes (plaintiff) brought a 42 U.S.C. § 1983 action against Seattle police after being beaten in 2005 for questioning a sergeant's motives to ticket his friend for littering. The suit settled for $185,000. The plaintiff questioned …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Article • February 15, 2009 • from PLN February, 2009
$400,000 Award in Failure to Protect Connecticut Suicidal Prisoner by $400,000 Award in Failure to Protect Connecticut Suicidal Prisoner A Connecticut judge has awarded a prisoner’s estate $403,164.30, finding the City of Hartford police were liable for the prisoner’s suicide death. At a bench trial, the Court held the arresting …
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 …
Article • February 15, 2009 • from PLN February, 2009
Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity by Washington State Deputy Sheriff Not Entitled to Quasi-Judicial Immunity The Washington Court of Appeals held that a deputy sheriff who was negligent in transporting a prisoner from court to jail was not entitled to quasi-judicial immunity. Anthony Reijm was taken …
Oregon Parolee Negligent Supervision Case Reinstated by The Oregon Court of Appeals reversed a lower court’s grant of summary judgment against a teenage girl who was raped by a violent parolee. In November 1997, 14-year-old Akilah Johnson was assaulted and raped by a stranger. More than four years later, on …
Brief • January 20, 2009
Cameron v. City of New York, NY, Pltf Brief MLS, police misconduct training, 2009 JURISDICTIONAL STATEMENT 1. Jurisdiction existed in the District Court (Crotty, J.), pursuant to 28 U.S.C. §§ 1331 and 1343, because the action involved claims brought pursuant to 42 U.S.C. § 1983. 2. This Court has jurisdiction, …
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