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Article • May 15, 2007
Rhode Island Prisoner Awarded $2,000 for Fractured Wrist by On April 2, 1996, a jury in Providence County, Rhode Island awarded $2,000 to a state prisoner who was injured when a platform collapsed beneath him. Prisoner Lucas Tiberio, 20, was lifting weights when the platform on which he was seated …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Article • May 15, 2007
City Officials Not Immune From Liability by The U.S. Supreme Court has ruled that neither a municipality nor its officers acting in their official capacity are immune from liability under 42 U.S.C. § 1983. Responding to information uncovered in an investigation, the Independence, MO city council recommended the information be …
§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process by Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process A Federal District Court in Illinois has found a pretrial detainee's rights were violated when he was placed in segregation for nearly three years without a hearing …
Qualified Immunity Denied In Use Of 5-Point Restraint by A Federal District Court in Virginia has held that prison officials are not entitled to qualified immunity on excessive force, racial discrimination, and due process claims rising from use of 5-point restraints. Trini Davis, a prisoner at Wallens Ridge State Prison …
Article • May 15, 2007
Dismissal Denied for Delay of Dental Treatment by A federal district court in Delaware has held that a prisoner's claim of proper dental treatment being delayed defeats the Defendant's Motion for Dismissal. While incarcerated at Delaware's Multi-purpose Criminal Justice Facility, prisoner David W. Williamson developed an abscessed tooth and periodontal …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
Article • May 15, 2007
Kentucky Juvenile Prisoner Was Properly Strip Searched for Probable Cause by The U.S. Western District of Kentucky determined a strip search of a juvenile was reasonable if there was probable cause. Katherine Reynolds, a troubled youth, had been arrested and found guilty of possession of marijuana, second degree forgery and …
Illinois: No Parental Immunity for Residential Child Care Institution by In this wrongful death suit, the Supreme Court of Illinois held that parental immunity did not extend to a residential child care institution. Twelve-year-old Waketta Roy Wallace (Roy), a ward of the Illinois Department of Children and Family Services, was …
Article • May 15, 2007
Georgia: Sheriff, Jail Personnel Not Liable in Prisoner's Suicide by In this civil rights action brought by the parents of a county prisoner who committed suicide, the Court of Appeals of Georgia affirmed a superior court's grant of summary judgment in favor of the sheriff and jail officials. After confessing …
Article • May 15, 2007
D.C. Prisoner's $125,000 Award for Medication Denial, Back Injury Upheld by In this case involving a prisoner who was denied pain medication and was subsequently injured in a fall, the District of Columbia. Court of Appeals held that standard of care was established, proximate cause was proven, and the $125,000 …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
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 …
Washington DOC Pays $4 Million in Parolee's Rape of Seven Year Old by In 2003 the Washington Department of Corrections (DOC) paid a total of $4 million to settle a parole liability suit involving the sexual assault of a seven year old girl by a parolee under its supervision. This …
Article • May 15, 2007
Massachusetts Arrestee Subjected to Unjustified Force by The U.S. District Court of Massachusetts determined that a cooperative arestee, who informed Barnstable police officers of shoulder injury, was the subject of unjustified force which precluded summary judgment. Michelle Aceto was arrested at her home for a thirteen year old traffic ticket. …
Federal Detainee May Pursue Bivens Action Against Private Prison Guards by In a matter of first impression, the United States District Court for the District of Rhode Island held that a federal pretrial detainee could pursue a Bivens action against guards employed by a privately operated detention facility. Plaintiff George …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
Federal Parole Officials Not Entitled To Absolute Immunity by The U.S. Court of Appeals for the Third Circuit held that a district court erred in dismissing a parolee's claim against probation and parole officials and that the parole officials were not entitled to absolute immunity. Lawrence Wilson, a federal parolee, …
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