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$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 …
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 …
No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Police Chief Subject to Discovery in Killing by Cop by The court cites law acknowledging the "need for controlling the use of subpoenas against high government officials," which usually requires a showing of "compelling need and extraordinary circumstances." The court questions whether a police chief is a "high government official," …
Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the former warden of the Florida State Prison (FSP) was not entitled to qualified immunity in a civil rights …
Article • July 15, 2008
Police Chief Only Responsible If He Knows Danger Of Jail Suicide; Jury Award Vacated by On March 10, 1989, the Appellate Court of Illinois held that a police chief could not be held responsible for a jail suicide even if the chief promulgated a policy of not giving intoxicated arrestees …
Alabama Guard Wins $205,000 in Sexual Harassment Suit by Mark Dempsey, a guard at an Alabama state prison, complained that his supervisor, Jim Gates was sexually harassing him. Gates, among other things, had made inappropriate homosexual remarks and jabbed Dempsey in the anal area with his nightstick. They met with …
Ongoing Incompetence by Disciplined Doctor Doesn't Establish Indifference by The plaintiff fell and broke his hip. A nurse concluded that he was merely bruised and didn't need to see a doctor. Three days later he saw a doctor at regular sick call who gave him an ace bandage for his …
Warden May Be Liable for Suicide for Lack of Mental Health Staffing by The plaintiff was sentenced to 60 days for possession of Valium in the third degree. After six days in jail he drank cleaning fluid, which was viewed by staff as a suicide attempt despite his claim he …
Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
More Settlements and Verdicts in New Hampshire False Disciplinary Charge Case by A federal jury in New Hampshire has awarded a total of $150,000 to two former prisoners in the continuing saga of false disciplinary charges by a guard at the Hillsborough County Jail. These cases stem from the actions …
Article • May 15, 2007
No Punishment for Possessing Inflammatory Papers, $1,000 Jury Award Upheld by The U.S. Court of Appeals for the Second Circuit held that a prisoner cannot be punished for simply possessing "revolutionary" material, supervisors were liable for constitutional violations surrounding prisoner's placement in segregation, and a jury award of $1,000 was …
Article • May 15, 2007
NV Jail Commissioners Liable For Raped Prisoner by The U.S. District Court for the District of Nevada held that a triable issue existed when a prisoner was raped while in custody. Christopher Warner was in custody of the Washoe County Jail when he was assaulted and raped by fellow prisoners. …
Summary Judgment of Eighth Amendment Claims Reversed by The U.S. Court of Appeals for the Tenth Circuit reversed and remanded the summary judgment of a prisoner's Eighth Amendment claim. Robert DeSpain, a Wyoming state prisoner, brought a civil rights action against prison officials alleging cruel and unusual punishment in violation …
Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death by Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death The Fourth Circuit Court of Appeals affirmed a District Court's grant of summary judgment dismissing a 42 U.S.C. § 1983 action alleging Eighth Amendment claims of deliberate …
Article • May 15, 2007
Alaska Pays Victims of Prisoner-Orchestrated Mail Bomb $2.6 Million by Following a verdict for the plaintiffs in December 1995, the State of Alaska agreed to settle with the victims of a prisoner-orchestrated mail bomb for $2.6 million. On September 17, 1991, plaintiffs, the father and stepmother of a witness who …
Florida Corrections Secretary Not Liable For Failing to Protect From Rape by The Eleventh Circuit Court of Appeals affirmed a district court's order granting summary judgment to the Secretary of the Florida Department of Corrections in a 42 U.S.C. §1983 action alleging the Secretary failed to protect him from sexual …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
Important Application of Qualified Immunity to Supervisory Liability Claims by This is probably the most important opinion the Second Circuit has issued concerning the application of qualified immunity to supervisory liability. Although it is not a prison case, it has significant implications for a largely unrecognized question in prison litigation. …
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