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Article • May 15, 2007
Washington DOC Pays $5,750 in Bunk Fall Case by In January of 1996, prisoner Ronald J. Joyner as injured climbing down from his top bunk. Joyner, a prisoner at Washington Correctional Center in Shelton, Washington, fell climbing from a window ledge onto a chair that collapsed underneath him. Joyner dislocated …
Article • May 15, 2007
Washington DOC Pays $1,063.49 to Settle Slip and Fall by On August 7th, 1997, Alvinia Lott, an employee for the Department of Corrections, fell on the gravel at Clallam Bay Corrections Center in Clallam County, Washington, while leaving work. Lott, then 65, complained that there was no hand rail to …
Washington DOC Pays $4,500 in Kitchen Hose Explosion by On April 11th, David Whitener, a prisoner confined at Washington State Penitentiary in Walla Walla, Washington suffered severe burns while working in the institution's kitchen. Whitmer was washing dishes in the dish tank when the hot water hose attached to the …
Article • May 15, 2007
Ferry Rams Dock, State of Washington Pays $1,294 by On June 8th, 1997, Colleen E. Castanada was riding the Department of Corrections operated Callam Ferry when it rammed into the side of a dock. Castanada, who was on her way to visit a prisoner at McNeil Island Corrections Center in …
Article • May 15, 2007
Washington DOC Settles Ferry Fall Suit for $60,000 by On February 17th, 1993 Fernie Wayne Gay, a resident of McNeil Island, Washington slipped and fell on an icy patch in a ferry dock of McNeil Island's Corrections Center. Gay suffered a variety of injuries including bruises, contusions, a soft tissue …
Prisoner Had Standing to Enforce Consent Decree by The Ninth Circuit Court of Appeals held 265 prisoners of the Arizona Department of Corrections have standing to enforce a 1973 consent decree even though none of those prisoners was a party to the 1973 suit. The court held that prisoners are …
Article • May 15, 2007
Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim by Qualified Immunity Denial Upheld in Jewish Prisoner's Religious Freedom Claim The U.S. Ninth Circuit Court of Appeals upheld denial of qualified immunity to defendant prison officials by a California federal district court in a case where a Jewish prisoner …
Article • May 15, 2007
Qualified Immunity Discussed in Texas Over Detention Suit by The Fifth Circuit Court of Appeals held that jail officials failed to present sufficient evidence to allow the question of qualified immunity to be submitted to the jury. This action was filed by a former prisoner of the Dallas County Jail …
Article • May 15, 2007
Qualified Immunity to Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that the …
Rhode Island DOC May Be Liable for Virginia's Treatment of Prisoners by The U.S. First Circuit Court of Appeals held that Rhode Island corrections officials may be liable for unconstitutional treatment of Rhode Island prisoner held in Virginia prisons. Bernardo Figueroa is a prisoner in custody of the Rhode Island …
County Officials Not Liable in Prisoner' Beating by Fellow Prisoner by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Kentucky, held that Ohio County, Kentucky, jail officials were not liable for a prisoner's vicious beating by a fellow prisoner. Sherman Taylor and Charles …
Article • May 15, 2007
Denial of AIDS Cocktail: Actionable in Tacoma Jail Suit by The Ninth Circuit Court of Appeals held that officials at the Pierce County Jail in Washington State are not entitled to qualified immunity for their failure to provide a pre-trial detainee an AIDS "cocktail" promptly upon booking. The detainee was …
Article • May 15, 2007
Federal Officials Subject to Suit for Damages by In this landmark ruling the U.S. Supreme Court held that damages can be recovered from a complaint that states a federal cause of action under the Fourth Amendment if injury can be proven. This was the first time the Supreme Court upheld …
California Granted Immunity in Parolee Wrongful Death Suit by George Martinez filed a lawsuit in the Superior Court of San Diego County against the Department of Corrections (DOC) and the State of California (defendants) for the wrongful death of his daughter, Mary Ellen Martinez, who was kidnapped and murdered by …
Article • May 15, 2007
CA Guard Granted Qualified Immunity for Shooting Prisoner in Yard Fight by The Ninth Circuit Court of Appeals held a guard who shot a prisoner during a disturbance on the prison yard is entitled to qualified immunity. While at the California State Prison in Sacramento, the prisoner was standing three …
Federal Prisoner Possible Beneficiary in BOP/County Contract by The U.S. Court of Appeals for the Second Circuit held that a prisoner's civil rights suit stated a claim; that the statute authorizing a contract between the Federal Bureau of Prisons and a county to house prisoners did not create a private …
Article • May 15, 2007
Failure to Administer Doctor's Treatment Plan States Eighth Amendment Claim by The Sixth Circuit Court of Appeals held that a nurse's failure to administer treatment ordered by a doctor states an Eighth Amendment violation that is not entitled to a qualified immunity defense. David G. Boretti, a Michigan prisoner, was …
Article • May 15, 2007
Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates by The New Hampshire Supreme Court has held that the federal filed rate doctrine preempts, state causes of action for violation of the anti- monopoly statute and the Consumer Protection Act (CPA). This action was brought by friends and …
Article • May 15, 2007
Parolee Negligent Supervision DUI Death Suit Settles for $6,000 by Tracy Joe Enoch-Jeune was convicted on four separate occasions of DUI or possession of drugs. Upon release from jail the final time, she was supposed to report to a probation officer within 24 hours. She never appeared and remained at …
Municipalities and Local Officials "Persons" Under § 1983 by Municipalities and Local Officials "Persons" Under § 1983 The U.S. Supreme Court held, inter alia, that both municipalities and local government officials being sued in their official capacity were "persons" for § 1983 purposes. Female employees of two New York City …
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