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Supervisors Not Liable for Retaliatory Assault by The plaintiff alleged that he was assaulted by an officer because he had filed previous lawsuits against other officers at the prison. He brought suit against supervisory defendants and not the officer. The fact of the assault does not establish deliberate indifference on …
Sheriff Not Liable for Hiring Brutal Jail Guards by The plaintiff alleged that he was subjected to excessive force, including a "knee drop" that severed his intestine. He alleged that the Sheriff was deliberately indifferent in hiring the deputy responsible. The deputy had nothing worse on his criminal record than …
AIDS Death Complaint Dismissed After Three Amendments by The decedent died of AIDS in prison. He was diagnosed on July 31, 1996 with Hepatitis C with symptoms corresponding to initial manifestations of AIDS; tests were ordered, he was referred to the health educator, and was told to come back to …
Article • May 15, 2007
No Immunity in Kansas Jail Suicide by The decedent's mother notified the prison's second-shift supervisor that her son had threatened suicide; he directed a search of the decedent's cell, where a tear-stained suicide note was found. The supervisor ordered him placed on suicide watch and moved to a "hard lockdown" …
Suit by Mentally Ill NY Jail Prisoners Dismissed by Several plaintiffs alleged that they were subjected to over-medication with psychotropic drugs and denial of timely psychiatric care, timely prescription drug administration, adequate staffing of observation holding cells, adequate therapeutic psychiatric care, and discharge planning and treatment plans. The plaintiffs do …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
$75,000 Awarded to Prisoner for Inadequate Medical Care by $75,000 Awarded to Prisoner For Inadequate Medical Care An Iowa prisoner escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. He filed suit and at trial he was awarded …
Retaliatory Beatings Violate First Amendment, Damages Awarded by Retaliatory Beatings violate First Amendment, Damages Awarded The court of appeals for the Second circuit held that a district court had improperly granted Judgment Notwithstanding the verdict to prisoner officials in a retaliation suit filed by New York state prisoners. Court also …
Prison Officials Liable for Lack of Mental Health Care by A federal district court in mew York held that state prison officials were liable for a policy that housed mentally ill prisoners with those who were not. Officials were also liable, in this class action suit by women prisoners in …
Article • May 15, 2007
Prison Rules Require Adequate Notice, Supervisor Liable in Disciplinary Appeals by A Maryland state prisoner sued under § 1983 challenging the lack of notice of prison rules and no prison appeal procedure. He was infracted for possessing contraband, anything not issued by the prison, for having a pair of jeans …
Article • May 15, 2007
Warden Liable for Inhumane Seg Conditions/Placement by The court of appeals for the Eighth circuit held that a Missouri prisoner's lawsuit claiming he was placed in solitary confinement for no articulated reason, in a cell with no hot water, fresh air or ventilation and a vermin infested mattress, stated a …
Damage Judgment Against Indiana Warden Vacated by The Seventh Circuit Court of Appeals vacated a damage judgment against an Indiana State Prison Warden in his official capacity. The Indiana Northern District Court's decision to award damages against the State violated the Eleventh Amendment and must be reversed. The case was …
Summary Judgment Precluded By Fact Issues in Jail Killing by The U.S. Court of Appeals for the First Circuit held that material issues of fact precluded summary judgment in favor of jail officials who were being sued by the family of a murdered prisoner. After William Arena Cortes was killed …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
Texas: Sexually Assaulted Boot Camp Prisoners Awarded $2,800,000 Against CSC by On December 12, 2001 three former female prisoners who claimed they were sexually assaulted while imprisoned in a privately operated boot camp in Mansfield, Texas were awarded a total of $2,800,000 against the camp's operator. Plaintiffs, Keri Echols Chattha, …
$35,000 Verdict Upheld in North Carolina Fire Hosing, Gassing, and Beatings; Supervisors Liable by $35,000 Verdict Upheld in North Carolina Fire Hosing, Gassing, and Beatings; Supervisors Liable The Fourth Circuit Court of Appeals upheld a jury award against guards and prison administrators for the use of water hoses, billy clubs, …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
CA Supervisors Liable for Indemnifying Deputies from Punitive Damages by A California federal district court held county supervisors are not entitled to legislative immunity from suit for past voting decisions to indemnify sheriff deputies from punitive damage awards, as such decision were ad hoc, non legislative and individually targeted decisions …
School Officials May Be Liable for Teacher Choking Student by At 251: The Supreme Court has encouraged lower courts in appropriate circumstances "to determine first whether the plaintiff has alleged a deprivation of a constitutional right at all," before reaching the question of whether the right was clearly established at …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
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