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Article • June 15, 2007 • from PLN June, 2007
Alaska DOC Liable for Rape of Federal Prisoner by Prison Doctor by Alaska?s Supreme Court has held that the intentional-tort immunity law does not prevent a suit against the state when it breaches a duty separate from its role as an employer. B.R., a federal prisoner housed at the state …
Article • June 15, 2007
$225,000 Settlement in Rape of Female New York Prisoner by Guard by A female prisoner at a New York Prison was told by a male guard that she either comply with his request that she have sexual intercourse with him or he would file a complaint that she assaulted him. …
Second Hawaii Sex Assault Case Settled for $25,000 by The state of Hawaii has agreed to settle with a second prisoner who claimed she was sexually assaulted by a former warden while imprisoned at the Maui Community Correctional Center, as reported in a February 9, 2007 article in the Honolulu …
Jane Doe v. McKeithen, FL, Amended Complaint, Sexual Assault, 2007 IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA JANE DOE, Plaintiff, vs. Case No.:05-509-CA BOARD OF COUNTY COMMISSIONERS OF JACKSON COUNTY, FLORIDA, W. FRANK MCKEITHEN, Sheriff of Bay County, Florida (as successor to …
Motion to Quash Subpeona of DNA Sample Denied by Motion to Quash Subpoena of DNA Sample Denied A South Carolina U.S. District Court has ordered a female prison guard to produce a DNA sample for a grand jury. Shaddie Clark Shabazz is a female guard at a South Carolina federal …
Qualified Immunity Ends Lawsuit by Juvenile Raped by Staff by The U.S. Court of Appeals for the Eleventh Circuit held that various supervisors were not deliberately indifferent to the medical needs of an incarcerated juvenile, and they were thus entitled to qualified immunity from suit. The court further held that …
Article • May 15, 2007
NV Jail Commissioners Liable For Raped Prisoner by The U.S. District Court for the District of Nevada held that a triable issue existed when a prisoner was raped while in custody. Christopher Warner was in custody of the Washoe County Jail when he was assaulted and raped by fellow prisoners. …
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
$90,000 Settlement for Alabama Prisoners Raped by Jail Guards by In June 2002, the City of Homewood, Alabama, paid a total of $90,000 to settle with two unidentified women who claimed they were forced to provide sexual favors to guards while imprisoned at the city jail. The plaintiffs, Jane Doe, …
New York: Prisoner Raped In County Jail Awarded $250,000 by On September 24, 1997, a man who was raped while imprisoned in the Oneida County (New York) Jail settled his lawsuit against the county and the Utica City Police Department for $250,000. Plaintiff, an 18-year-old male, was imprisoned in the …
Article • May 15, 2007
Virginia Supreme Court Resolves Administrative Exhaustion Issues in VDOC Sexual Assault Suit by The Virginia Supreme Court reversed a trial court's dismissal of a prisoner's suit alleging sexual abuse by a Virginia Department of Corrections (VDOC) employee. VDOC prisoner Paula Billups was assigned to work in the kitchen at the …
Article • May 15, 2007
City Liable For Police Rape, $300,000 In Damages Awarded by The Supreme Court of California held that the City of Las Angeles could be held liable under the doctrine of respondeat superior for a rape committed by a police officer employed by the city. After stopping Plaintiff for driving erratically, …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
$900,000 Settlement In Eugene, Oregon Police Sexual Assault Civil Rights Case by Unknown plaintiffs filed a Federal civil rights complaint against the City of Eugene, Oregon, claiming that Eugene Police Officer Roger Magena and other unnamed officers engaged in a pattern of sexual misconduct reported by citizens, due to insufficient …
Article • May 15, 2007
$225,000 Settlement in Rape by Idaho Prison Guard by Guard John Pribble was a sexual predator overseeing women held at the Idaho State men's prison for orientation or punishment. On two occasions he removed the female plaintiff from her cell, taking her to his office to rape her. Pribble was …
Article • May 15, 2007
Police Rape Plaintiff Allowed to Sue Anonymously by The plaintiff alleged that she had been sexually assaulted by a state trooper. Her case was consolidated for discovery with three other similar cases against the same trooper. The court permits the plaintiff to proceed under a pseudonym, since she has taken …
$1,500,000 Verdict in Half-Way Houses' Failure to Warn by After he was released from a Florida prison, Elmer Leon Carroll went to live at The Lighthouse Mission of Orlando. Carroll had a history of rape and had been in prison for nine of the 15 years prior to committing the …
Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
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