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No Remedy for Contractor Suit Against Unicor by The plaintiff contractor sued Federal Prison Industries (a/k/a/ Unicor) under the Contract Disputes Act in the Court of Federal Claims. That court lacked jurisdiction because Federal Prison Industries is a "non-appropriated fund instrumentality" for which the United States was not financially answerable …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Catheterizing Motorist for Urine Sample Suit Dismissed by The plaintiff alleged that he ran out of gas and Sheriff's deputies took him to a hospital and requested he submit to a urine analysis; when he could not urinate with a room full of people watching him, the deputies tackled him …
Florida: Prisoner Raped In County Jail Awarded $65,950 by In this case published by the Florida Jury Verdict Reporter in April 1990, the plaintiff, a prisoner who was raped by another prisoner, was awarded $65,950. On November 23, 1987, while imprisoned in the medium-security section of the Pinellas County (Florida) …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
Suit Over Seizure of IRA Refund Check Dismissed by The plaintiff received a $617.15 refund check from the IRS, about 50% of which reflected an earned income credit, but prison officials sent the check back per an agreement to return prisoners' tax refunds to IRS for review. The plaintiff is …
No Jurisdiction for Claim of Rape in Indian Jail by The plaintiff alleged that while she was in a detention center operated by the Bureau of Indian Affairs she was sexually assaulted and battered by a guard. The court lacked jurisdiction over her claim for intentional infliction of emotional distress …
Summary Judgment Precluded in Beating, Common Law Remedy for Confiscation Claim by A Pennsylvania prisoner brought a civil rights action against prison officials and guards alleging guard brutality and confiscation of his legal materials violated his constitutional rights. The U.S. District Court for the Eastern District of Pennsylvania held: 1) …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
Negligence Claim Stated in Florida Jail Prisoner's Suicide by The Eleventh Circuit Court of Appeal has upheld a Florida district court's grant of judgment as a matter of law on a claim of deliberate indifference to medical needs and a state tort claim of negligent supervision, training, and management in …
Guard's Liability for Florida Prisoner's Suicide Jury Question by By David M. Reutter A Florida Appeals Court held that a jury, not a judge, must determine if a guard at the Pinellas County Jail (PCJ) is entitled to sovereign immunity and qualified immunity. This case was before the court on …
Alabama Sheriffs Entitled to Immunity in §1983 Actions by The U.S. Supreme Court held that Alabama sheriffs were officials of the state rather than the county and therefore entitled to immunity in §1983 actions. An Alabama prisoner who had been sentenced to death had his conviction overturned and subsequently brought …
Washington Parole Officers Liable For Negligent Supervision by The Supreme Court of Washington held that the Washington state parole board was entitled to absolute immunity in claims alleging the negligent release of state prisoners, but individual parole officers were entitled only to qualified immunity in claims alleging negligent supervision. Plaintiffs …
Removal Not Precluded By Single Eleventh Amendment Barred Claim by The United States Supreme Court held that a single claim barred by the Eleventh Amendment doctrine of sovereign immunity did not preclude removal to federal court. Keith Schacht, a former guard employed by the Wisconsin Department of Corrections, was fired …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
CT Guard Denied Sovereign Immunity for Harassing Prisoner by Anthony Torres, a Connecticut state prisoner, was repeatedly taunted, called a child molester and threatened with violence by a guard named John Zina at Connecticut's Northern Correctional Institute. When Warden Wayne Choinski wouldn't remedy the problem, Torres sued Zina and Choinski …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
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