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Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Article • February 15, 2008 • from PLN February, 2008
Spectrum Health Systems Pays Massachusetts $7.5 Million for Fraud in Concert with Civigenics by To settle charges that it misused state money, Spectrum Health Systems, Inc. has agreed to pay the State of Massachusetts $7.5 million. Spectrum is a nonprofit organization that provides treatment for substance abusers; the settlement was …
Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor by John Dannenberg by John E. Dannenberg On June 29, 2007, the Missouri Court of Appeals ruled that the state must pay a $250,000 judgment awarded in federal district court to a prisoner …
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 …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
Article • January 15, 2008
Parole Officers Must Knock and Announce Before Entering Parolee's Domicile by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment, finding that parole officers have a duty to knock and announce themselves before entering a residence in which a parolee is renting a room, and …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Article • January 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board), which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
PA Prisoner's Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and a private health care company in federal district court after the guards beat him and the health care company didn't provide him with adequate care. He argued that these actions …
Article • January 15, 2008
NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …
Bivens Action Inapplicable to Private Prison Employees by The Fourth Circuit Court of Appeals has held that individual employees of a privately-operated prison are not subject to Eighth Amendment liability under a Bivens action. Before the Court was the defendants' appeal of a North Carolina federal district court's denial of …
Article • January 15, 2008
Guards’ Individual Immunity a Matter of Bad Faith Intent by Guards' Individual Immunity a Matter of Bad Faith Intent Former Kentucky State prisoner William Sloas' voluntary participation in the Rowan County Jail's work program resulted in his leg being broken in an accident. He brought suit against the county and …
Foreign Fugitive Awards May Fall Under FSIA’S Commercial Activity Sovereign Immunity Exception by Foreign Fugitive Awards May Fall Under FSIA'S Commercial Activity Sovereign Immunity Exception Jose Guevara filed suit against the Republic of Peru and two Peruvian officials in 2001 for failure to fulfill a contract. The suit was removed …
Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
Washington Pays $665,000 to Prisoner Injured In Racially Motivated Attack by On May 30, 2007, the State of Washington agreed to pay $635,000 to a black prisoner who was injured in an attack by white prisoners. The white prisoners were members of a ?Security Threat Group?. The plaintiff was also …
Article • December 15, 2007 • from PLN December, 2007
$4,500 Jury Award in Delayed Medical Treatment of Illinois Prisoner Upheld by The Seventh Circuit Court of Appeals has held that "verifying medical evidence" to support a prisoner's delayed medical treatment claim can come from the prisoner's medical records and the prisoner. That ruling came in the appeal of prison …
Article • December 15, 2007
New York Settles Prisoner Slip & Fall Case for $7,500 by The New York Department of Correctional Services has settled a prisoner's slip and fall claim for $7,500 including attorney fees. While wearing state issued slippers with rubber soles, New York state prisoner Grace Delarossa slipped and fell on a …
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