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Article • May 15, 2007
Utah: $490,000 Verdict for Untreated Hypertension, Vision Loss, Renal Failure by On November 25, 1992, a Utah jury awarded $490,000 to a state prisoner who suffered vision loss and renal failure because prison medical personnel failed to treat his hypertension. While imprisoned at the Utah State Prison, the plaintiff, 30, …
Deceased Michigan Prisoner's Estate States Eigth Amendment Claim by The United States District Court for the Eastern District of Michigan held that the estate of a prisoner who allegedly died as a result of indifference to his medical needs sufficiently stated an Eighth Amendment claim and that individual defendants were …
No Qualified Immunity For Prison Officials In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that prison officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit and that fact issues precluded summary judgment. Timothy Ryan was arrested for …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
New York Prisoner Awarded $295,000 For Knee, Ankle Injury by On July 29, 1999, a court of claims in White Plains, New York, awarded $295,000 to a prisoner who suffered knee and ankle injuries when a stack of cartons containing frozen meat fell on her. New York state prisoner Karen …
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, …
Illegal Search Precludes Policeman's Qualified Immunity; Affirms Plaintiff's Summary Judgment by The U.S. Southern District Court of New York determined that a police Sergeant was not entitled to qualified immunity for an unreasonable strip search. Nicole Sarnicola was arrested for suspicion of dealing drugs and was taken to the Tarrytown …
Article • May 15, 2007
Ninth Circuit: Excessive Use of Force in Cell Extraction Defeats Qualified Immunity by John Dannenberg by John E. Dannenberg In an unpublished opinion, a divided panel of the Ninth Circuit U.S. Court of Appeals held that the excessive use of force in a cell extraction violated a resisting prisoner's Eighth …
Article • May 15, 2007
Sixth Circuit Permits Bivens action Against BOP for IAD Violation by The U.S. Sixth Circuit Court of Appeals held that a federal prisoner in custody of the Bureau of Prisons (BOP) could maintain a Bivens action against the BOP Director for failing to dismiss a detainer after the receiving jurisdiction …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
Article • May 15, 2007
Qualified Immunity Not Applicable to Private Defendants by The U.S. Supreme Court held that qualified immunity from suit, with respect to government officials is not available to private defendants charged with § 1983 liability for invoking state replevin. In July 1986, Bill Cole sought to dissolve a cattle partnership with …
Article • May 15, 2007
Supreme Court Adopts Expert Testimony Standard by The U.S. Supreme Court held that the Federal Rules of Evidence supersedes the "Frye Test" in providing the standard for admitting expert scientific testimony in a federal trial. Two minor children and their parents (petitioners) argued that the children's serious birth defects had …
Article • May 15, 2007
NY Mentally Jail Ill Prisoner Beaten By Guard Wins $500,000 by Plaintiff, a 33-year-old mentally ill man identified only as Donovan, was repeatedly beaten by a guard named Gemelli at the prison in Nassau County, New York. His ribs and one vertebra were broken. He sued Gemelli and Nassau County …
PA Jail Immune from Suit in Medical Services Contract Case by Correctional Medical Care, Inc. (CMC) entered into a contract with MHM Services, Inc. (MHM) to jointly bid for a health care contract at a prison in Philadelphia, Pennsylvania. MHM later had secret meetings with the city of Philadelphia and …
OH DORC Liable for Property Damage Done by Prisoners by K. Michael Deem Investment Corp., Inc. (Deem Inc.), an Ohio corporation, allowed the state Department of Rehabilitation and Correction (DORC) to operate a pallet-restoration industry on its property. While working there, prisoners damaged a cinder block wall, a dumpster and …
Article • May 15, 2007
New York Prisoner Awarded $125,000 for Slip and Fall Injury by In February 1998, a New York City prisoner was awarded $125,000 for injuries sustained when she slipped while descending wet stairs at the City's jail. The 31-year-old plaintiff claimed in her lawsuit, filed in Bronx County, that the City …
Article • May 15, 2007
New York Prisoner Injured On Fence Awarded $15,000 by In February 1998, a New York court of claims awarded $15,000 to a state prisoner who cut his arm on a chain link fence. The 34-year-old plaintiff claimed that in August 1998, while playing softball on the prison recreation yard, he …
Article • May 15, 2007
Pennsylvania Prisoner Awarded $5,000 for Crushed Finger by In January 1998, a Pennsylvania prisoner was awarded $5,000 in arbitration against the City of Philadelphia. The plaintiff alleged the bone in his left finger was crushed in February 1996 when the bed in his cell tipped over. The plaintiff sued in …
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