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Lab Technician Denied Qualified Immunity In Former Prisoner’s Lawsuit by In 1984, Dennis Patrick Brown was convicted of rape and sentenced to life in prison. With the assistance of The Innocence Project, the DNA tests were repeated in 2003 and revealed Brown was innocent. Brown was released and the City …
City of Chicago Denied Bifurcation in Excessive Force/Failure to Train Case by On July 24, 2008, an Illinois Federal District Judge denied Chicago's motion for bifurcation in a complaint filed by Lynette Wilson on March 27, 2007 against the City and three Chicago police officers. Wilson filed the complaint after …
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
$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 …
$7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence by David Reutter $7 Million in Settlements in Colorado Jail Prisoner’s Death from Medical Negligence by David M. Reutter The Denver Health Medical Center has settled a claim of negligent care for $4 million after releasing a prisoner …
$1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey by $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey On November 15, 2007, Union County settled a lawsuit over the suicide death of a juvenile prisoner at the 42-year-old Union County Juvenile Detention Center (JDC) in …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Dallas County Liable for Placing Suicidal Prisoner in Cell with Corded Phone by by Matt Clarke A Texas Court of Appeals has held that the state district court correctly denied Dallas County’s jurisdictional challenge and no-evidence motion for summary judgment in a suit involving the placement of a suicidal prisoner …
New Jersey Police's Negligent Duty Performance Induces City Liability by New Jersey resident Shana Massachi, estate administratrix for Sohayla Massachi, appealed her state tort suit dismissal after inadequate police procedures allegedly resulted in Sohayla's death. The dismissal was reversed because statutory immunity does not apply to negligently preformed ministerial duties …
Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …
Florida County Sheriff Liable for $1.5 Million for Acts of Informant on Work Release by Florida County Sheriff Liable for $1.5 Million for Acts of Informant on Work Release On May 18, 2007, a Florida jury found the Hendry County Sheriff is liable for injuries caused by a prisoner it …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
$1.95 Million for 18 Years Wrongful Imprisonment in North Carolina by On February 16, 2007, a North Carolina man who spent 18 years in prison for a rape he didn’t commit settled with the State and the City of Winston-Salem for $1,958,454. Darryl Hunt, a black man, was imprisoned in …
Court Orders Discovery of D.C. Cop’s Personnel Files by At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery. The court directs production of …
Jail Liable for Rape of Women Prisoners; Short Duration of Bad Conditions Okay by The two female plaintiffs were sexually assaulted by a jailer while serving 48-hour sentences for minor offenses. The jailer was subsequently fired and pled guilty to criminal charges as to one plaintiff. At 1307 n. 5: …
City Liable for Police Beating; Prior Settlements Admissible to Prove Policy by The 17-year-old plaintiff was forcibly arrested and thrown against a van, causing bruises to chest and head, was kneed in the back, and was bruised by excessively tight handcuffs, after engaging in a mock fight witnessed by a …
Article • August 15, 2008
Failure to Investigate Police Misconduct Establishes Municipal Liability by At 1205: This Court has held municipalities liable under Monell when the plaintiffs have produced evidence of prior complaints sufficient to demonstrate that the municipalities and their officials ignored police misconduct.... ... Evidence that a police department has failed to investigate …
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