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PA Prisoner’s Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and Primecare Medical, a private health care company, in federal district court after the guards beat him and the health care company failed to provide adequate care. He argued that these …
Pearson v. Callahan, SCOTUS, Amicus Brief for Respondent, 2008 No. 07-751 IN THE Supreme Court of the United States CORDELL PEARSON, et al., Petitioners, v. AFTON CALLAHAN, _______________________________ Respondent. ON WRIT OF CERTIORARI TO THE U NITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT BRIEF OF AMICI CURIAE NATIONAL …
Brief • August 13, 2008
Filed under: Qualified Immunity
Pearson et al v. Callahan, US, Amicus Brief - NPAP and AAJ, qualified immunity Saucier, 2008 No. 07-751 IN THE Supreme Court of the United States CORDELL PEARSON, et al., Petitioners, v. AFTON CALLAHAN, _______________________________ Respondent. ON WRIT OF CERTIORARI TO THE U NITED STATES COURT OF APPEALS FOR THE …
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 …
CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract by The nation’s largest private prison firm, Corrections Corporation of America (CCA), has once again upset county officials by repeatedly failing to control vital jail operations. The company responded by discontinuing its contract to operate the facility. …
Grand Jury Report, Four Nebraska Jail Guards Indicted in Prisoner’s Death by David Reutter by David M. Reutter Finding there was probable cause that four guards at Nebraska’s Omaha Police Detention Unit (OPDU) failed to render medical care to a prisoner which contributed to his death, a Douglas County grand …
California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed by John Dannenberg by John E. Dannenberg On November 20, 2007, the California Court of Appeal dismissed an appeal filed by a group of Lancaster State Prison visitors who sought damages for being subjected to Secure 1000 …
Article • July 15, 2008
New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel by On January 17, 2006, a federal district court in New Hampshire ruled that a prisoner may use non-mutual offensive collateral estoppels for facts established in another prisoner's lawsuit to prove that jail conditions were governed by official policy, custom, or …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
8th Circuit Upholds Dismissal of False Imprisonment Action by The Eighth Circuit Court of Appeals upheld a lower court’s grant of summary judgment to Defendants on a false imprisonment claim. On January 2, 1983, James Buckley was murdered in St. Louis, Missouri. Ellen Maria Reasonover came forward as a witness …
Article • July 15, 2008
New York Prisoner Falls in Kitchen Netting $868,516 by A New York prisoner who was injured when he fell in the prison kitchen was awarded $868,516. In May 1991, 29-year-old prisoner, Mr. Lopez, slipped in liquid on the kitchen floor. He “suffered a fractured tibia, resulting in varus and rotation …
Article • July 15, 2008
Slip-Fall Injuries Net $3,250 for New York Prisoner by A New York prisoner who was injured when he slipped and fell on an electrical outlet box was awarded $3,250. Mr. Brito, a 38-year-old prisoner suffered low back pain, and developed ulcers from medication, when he slipped and fell on an …
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 …
Article • July 15, 2008
Washington Parolee Rapes Woman Who Wins over $200,000 in Lawsuit by Martin Schandel, a paroled Washington state sex offender, raped Margaret Savage. She sued the state for negligent supervision because Schandel wasn't being tested for drug and alcohol use, and wasn't being required to participate in mental health treatment. At …
Article • July 15, 2008
Washington Prisoner Pinned in Automatic Door Wins $6,060 in Lawsuit by Richard Reed, a Kitsap County, Washington prisoner, was pinned in an automatic door in the Kitsap County Jail, causing back strain. He sued the county in state court, which in 1995 paid him $5,060 to dismiss the case: $4,560 …
Article • July 15, 2008
Inadequate Medical Care in Chicago Jail Slip and Fall Nets $25,000 by An Illinois prisoner who was injured when he fell on a wet floor was awarded $25,000. Mr. Reed, a 46-year-old prisoner at the Cook County Jail, fell on a wet floor and struck an exposed bolt. He “suffered …
Article • July 15, 2008
Arizona Juvenile’s Jail Suicide Case Settled for $10,000 by The estate of a 14-year-old Arizona juvenile detainee was paid $10,000 to settle claims arising from his suicide. While in a Yavapai County juvenile detention facility, a 14-year-old boy hung himself to death. His estate sued in federal court, alleging Defendants …
Article • July 15, 2008
Injuries from Falling Ice Nets $3,000 for Massachusetts Prisoner by A Massachusetts prisoner was paid $3,000 to settle claims of injuries from ice falling from a building rooftop. Mr. Simmonds was a Massachusetts prisoner when he was hit by ice that fell from a rooftop, suffering bruises and lacerations to …
Article • July 15, 2008
Oregon Prisoner Wins $58,000 for Injury in County Jail by Shane Bowers, a Multnomah County, Oregon prisoner, was housed in a cell which required him to traverse stairs, even though he had a crippled Leg. He sued the jail in state court for new damage thereby caused to his knee, …
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 …
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