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Article • March 15, 2009 • from PLN March, 2009
Washington Jury Awards $202,500 to Ex-Prisoner for Injuries from Top Bunk Fall by Washington Jury Awards $202,500 to Ex-Prisoner for Injuries from Top Bunk Fall A Washington state jury awarded a former prisoner and his wife $202,500 for injuries incurred after he fell from a top bunk at the Washington …
Article • March 15, 2009
$250,000 Settlement After Federal Prison Bus Accident by Numerous federal prisoners brought a federal tort action against the United States in 1995 after sustaining injuries during a Bureau of Prisons (BOP) prison bus accident. The suit settled for $250,000 in 1998. Federal prisoners were being transported on a BOP bus …
$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 …
Child's Fingertip Amputated After Guard's Negligence by Wisconsin resident Evonie Bean, guardian of injured minor Tianna Fudge, brought a federal tort action against the United States in 2001 after Fudge's fingertip was caught in a prison door and severed while at a prison visit. Details of the 2003 settlement agreement …
Article • March 15, 2009
Civilian's Fall At Michigan Federal Prison Settles For $80,000 by Tennessee State residents Melinda and William Sexton brought a federal tort action against the United States in 1999 after Melinda slipped and fell at the Federal Correctional Institution (FCI) at Milan, Michigan, in 1997. The suit settled for $80,000 in …
$750,000 Settlement for Colorado DOC Guard Death At Hands Of BOP Training Instructors by Colorado state resident Pamela Perse brought a federal tort action against the United States in 1995 after Federal Bureau of Prisons (BOP) personnel's negligence resulted in the death of her husband. The suit settled for $750,000 …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Article • February 15, 2009 • from PLN February, 2009
Arbitrator Awards Hawaii Prisoner $7,500 for Injuries Sustained While Working in Kitchen by On March 10, 2008, a Hawaii prisoner was awarded $7,500 through arbitration after being burned by hot coffee. On April 3, 2007, Will Kaaihue received second degree burns down the left side of his body while working …
Sovereign Immunity Bars RFRA Damages in DC Circuit by The U.S. Court of Appeals for the District of Columbia Circuit has affirmed a district court’s decision that sovereign immunity bars damage claims under the Religious Freedom Restoration Act (RFRA). The court found that RFRA does not provide a clear and …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
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 …
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