Skip navigation

Search

2549 results
Page 48 of 128. « Previous | 1 2 3 4 ... 44 45 46 47 48 49 50 51 52 ... 124 125 126 127 128 | Next »

Article • August 15, 2008
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
TDCJ Denied Qualified Immunity in Employee's Unconstitutional Termination Suit by John F. Fant, a former Legal Services Director for a division of the Texas Department of Criminal Justice (TDCJ), appealed a 2003 U.S. District Court decision denying his motion for dismissal of a lawsuit based on qualified immunity grounds. The …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Article • August 15, 2008
Colorado Appellate Court Condones Forcing Indigent Prisoners' Exposure to West Nile Virus by Colorado state prisoners Stephen Glover, Alan Smith and Michael Freeman (plaintiffs) appealed the dismissal of their pro se complaint against the State, the Department of Corrections (DOC) and former DOC director Joseph Ortiz (defendants). The complaint alleged …
Alabama Prisoner’s Estate Loses Product Liability Suit by Louis Horn, an Alabama state prisoner, was killed by three other prisoners who picked his cell door lock and beat him to death. His estate filed a product liability case in state court against Southern Steel Co., the firm that made the …
Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit by The Hinds County Board of Supervisors (Board) agreed to settle a three-million-dollar federal lawsuit filed by a former prisoner in the Hinds County Jail after he was left paralyzed by a beating at the hands of other prisoners in …
$300,000 Settlement in Murder of College Student by Released Sexual Predator by The State of Minnesota has paid $300,000 to the family of a University of North Dakota student who was kidnapped, raped and killed by a recently-released sexual predator. The payment was offered as a pre-litigation settlement before a …
$64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable by David Reutter by David M. Reutter The Eighth Circuit Court of Appeals has reversed a judgment against the warden of Arkansas’ Cummins Unit, finding he did not have sufficient knowledge that the guards under his supervision were inflicting …
Article • August 15, 2008 • from PLN August, 2008
Mentally Ill Woman Sues Over Seg-Cell Sex; County Settles for $40,000 by Twenty-nine-year-old Misha Cooper has a long history of mental illness and criminal offenses. In May 2006, she was confined in the Multnomah County Detention Center (MCDC) in Portland, Oregon. Due to her mental health issues she was placed …
Failure to Timely Provide Methadone Results in Death, Defeats Summary Judgment by The Seventh Circuit Court of Appeals has reversed an Illinois federal district court’s grant of summary judgment to officials at the Cook County Jail in a civil rights action that alleged inadequate medical assistance resulting in a prisoner’s …
Article • August 15, 2008
“Discretionary Function Immunity” Inapplicable to Alaska PO Duties by The Alaska Supreme Court has held that a parole officer’s day-to-day supervisory activities related to parolees are operational duties which are not entitled to discretionary function immunity. On November 23, 1996, Alaskan prisoner Calvin McGrew was released on parole. He was …
Article • August 15, 2008
Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access by Wisconsin State prisoner William West brought 42 U.S.C. $ 1983 action against the Wisconsin Secure Program Facility (WSPF) and various guards after they refused him access to prepaid newspapers and discarded some issues in the trash. The …
Colorado County Sheriff, Jail Nurse Liable For Detainee's Leg Amputation, Illness by Park County (Colorado) Jail detainee and Mexico citizen Moises Reyes brought § 1983 and state law action against the Park County Board of County Commissioners (BCC), Sheriff Fred Wegener, Captain Monte Gore and nurse Vickie Paulsen after losing …
Hawaii State Officials Granted Immunity In Prisoner Beating by Hawaii State pro se prisoner William Aholelei brought a § 1983 action against the Department of Public Safety and various other state officials (defendants) after being assaulted in 2003 by fellow prisoners. He appealed the defendants' summary judgment grant for sovereign …
Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability by At 575-76: ... [T]here is a complex intersection between qualified immunity and supervisory liability. If a plaintiff can establish the requisite indifference in the face of a policy or widespread and pervasive abuses caused by a policy, the …
Article • August 15, 2008
Right to Consult, Hire Counsel Well Established and Constitutionally Protected by At 953-54: The right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition. ... It has long been recognized that the First Amendment prohibits the state from interfering …
Jail Guards Get Qualified Immunity for Beating, Pepper Spraying Prisoner Who Commits Suicide by The decedent was arrested for public intoxication; there was a fight when he was booked, resulting in his being sprayed with pepper spray or other chemical restraint. The officers carried him to a cell and sprayed …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
Page 48 of 128. « Previous | 1 2 3 4 ... 44 45 46 47 48 49 50 51 52 ... 124 125 126 127 128 | Next »