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Article • July 15, 2008
Prisoner Awarded $3.50 in Product Liability for Defective Shower Shoes by A Massachusetts Superior Court awarded David Jackson, a prisoner at the state prison in Walpole, $3.50 for a products liability claim related to a pair of plastic “deluxe” shower shoes Jackson bought from the prison canteen. The private canteen …
Article • July 15, 2008
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional by by John E. Dannenberg PLN has oft reported on the psychologically debilitating conditions at the Wisconsin Department of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The …
Article • July 15, 2008
Massachusetts Woman's Nonproductive Informant Based Vaginal Drug Search Ruled Non Actionable by Massachusetts resident Shirley Rodriques petitioned for review of a 1986 appellate summary judgment grant to defendants for qualified immunity in her action for her unproductive vaginal drug search. The Supreme Judicial Court, sua sponte, assumed jurisdiction and affirmed …
Article • July 15, 2008
Florida Contractors Providing Government Services Bound By Public Records Act by Miami Dade County (Florida) created contractor, Dade Aviation Consultants (DAC), appealed a court order to produce records to Knight Ridder, Inc. The records pertained to a lobbyist group hired to assist their renovation of Miami International Airport. The order …
Article • July 15, 2008
Florida Textbook Retailer Ordered To Provide Competition With Trade Secrets by Florida textbook retailer, Booksmart, appealed a court ruling denying them documents from Barnes & Noble (B&N) regarding student correspondence needs. The ruling was reversed and the production ordered. B&N contracts on campus bookstores at Florida Atlantic and Florida International …
Brief • July 12, 2008
Filed under: Immunity/Liability
Roosevelt McCoy v. City of New York, et al, NY, Bifurcation letter, municipal liability immunity, 2008 ROSE M. WEBER ATTORNEY AT LAW 225 BROADWAY • SUITE 1607 NEW YORK, NEW YORK 10007 FAX: (212) 233-5633 TELEPHONE: (212) 748-3355 July 12, 2008 BY ECF Honorable James Orenstein United States Magistrate Judge …
Article • June 15, 2008 • from PLN June, 2008
$154,000 Awarded to Hawaii Prisoner Injured by Jumping from Bunk Bed Without Ladder And Exposed to ETS by Hawaii’s First Circuit Court has awarded a prisoner $153,652.73 in a negligence lawsuit. The prisoner’s claims arise from the failure to provide ladders on bunk beds and failure to enforce a non-smoking …
Article • June 15, 2008 • from PLN June, 2008
$900,000 Settlement in Illinois Jail Guard’s Sexual Assault of Juvenile by Another case of sexual abuse upon a minor by a custodial person has hit the taxpayer’s coffers. This time, a guard at Illinois’ St. Clair County juvenile custody center sexually assaulted a 15-year-old boy, causing the County to settle …
Article • June 15, 2008 • from PLN June, 2008
New York Prisoner Awarded $322,000 For Hand Laceration by On September 19, 2007, a court of claims in White Plains, New York, awarded $322,000 to a state prisoner who suffered a severe hand laceration while opening a window at the Green Haven Correctional Facility in Stormville. In his lawsuit Jose …
Article • June 15, 2008 • from PLN June, 2008
$80,000 Settlement For Injury Caused By Defective Federal Prison Sidewalk by The Bureau of Prisons has agreed to pay Beatrice Codianni-Robles, a prisoner at the Federal Correctional Institute in Danbury, Connecticut, $80,000 to settle a federal tort claims suit. While walking outside her prison unit on July 29, 2002 Codianni-Rubles …
Article • June 15, 2008 • from PLN June, 2008
New York Prisoner Awarded $112,000 For Leg Burns by On August 30, 2007, a court of claims in Syracuse, New York, awarded $112,000 to a prisoner who burned his legs while working in a prison kitchen. While imprisoned at the Watertown Correctional Facility on July 16, 1995, Daniel Marria was …
Article • June 15, 2008 • from PLN June, 2008
North Carolina Agency Liable in Jail Fire That Killed Five Prisoners by The North Carolina Supreme Court has held that the state’s Department of Health and Human Services (DHHS) has a statutorily imposed duty that creates a special relationship to prisoners that makes it liable in a negligence lawsuit. At …
Georgia Suicide Claim Reinstated Against PHS by The Georgia Court of Appeals reversed the dismissal of a negligence claim against Prison Health Services, Inc. (PHS) stemming from a 17-year-old detainee’s suicide. The Court also concluded individual defendants were not entitled to official immunity, because they performed ministerial, rather than discretionary …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
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 …
Article • May 15, 2008 • from PLN May, 2008
$56,274 Verdict in Negligent Rhode Island Maintenance Claim by A Rhode Island state jury awarded a prisoner $56,274 for a claim that alleged prison officials failed to properly maintain exercise equipment, which cased the prisoner injury. The action was filed by prisoner James Bernardo, who was imprisoned at Rhode Island?s …
PHS Not Liable for Prisoner Attack on Nurses by The plaintiffs were nurses employed by Prison Health Services, Inc., and were attacked and beaten by a prisoner. The Supreme Court's decision in Collins v. Harker Heights overrules prior authority suggesting that there might be a special relationship supporting liability in …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
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