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Article • March 15, 2006 • from PLN March, 2006
$3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner by The New York Court of Claims awarded $3,621,632 to the estate of a woman who was raped and murdered by a prisoner who was mistakenly released early. The court also awarded $1,950,000 to another woman who was …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
Article • December 15, 2005 • from PLN December, 2005
$820,000 Damages Upheld Against NY Jailer Who by $820,000 Damages Upheld Against NY Jailer Who Housed Informant with Defendant by John E. Dannenberg The Second Circuit U.S. Court of Appeals upheld $820,000 in damages for injuries suffered by an informant who was severely beaten by the defendant he had testified …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
Article • October 15, 2005
Court Allows Amendment, Adding New Defendants to Brutality Suit by The plaintiff sued over excessive force and now seeks to amend to add new defendants after the statute of limitations had run. Claims against new defendants relate back for limitations purposes only if they were not named because of a …
Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA by by John E Dannenberg An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a …
Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner by The Eleventh Circuit Court of Appeals has held that a concubine and her children could not sue for damages resulting from the cancer death of federal prisoner Jose Miguel Ruiz. This action was brought under the Federal Tort …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Complaints Amended to Change John Doe Defendants' Names Don't Relate Back by by Matthew T. Clarke The Tenth Circuit court of appeals held that an amended complaint filed to change the names of John Doe defendants did not related back to the original complaint for statute of limitations purposes. The …
No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial by No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment favoring certain prison guards …
Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg Missouri Guards Liable For Refusing Prisoner's Seatbelt Request by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals permitted a 42 U.S.C § 1983 complaint to proceed against five Missouri Department of Corrections (MDOC) transportation guards for …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Article • May 15, 2004 • from PLN May, 2004
Illinois County Necessary Party in Suit Against Elected Official by Illinois County Necessary Party in Suit Against Elected Official In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or …
County May Be Liable for Private Prison's Customs and Policies by Bob Williams County May Be Liable For Private Prison's Customs And Policies by Bob Williams The New Mexico federal district court has held that a county could potentially be liable under 42 U.S.C. § 1983 for the customs and …
Article • April 15, 2004 • from PLN April, 2004
Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions by Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions Federal district court Chief Judge Bar-bara B. Crabb, of the Northern District of Wisconsin, has decided that all pro se prisoner plaintiffs filing in this district must file and …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
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