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Missing Finger Tips Cost Washington DOC $2,500 by In February of 1997, the State of Washington and the Department of Corrections paid Richard L. Campbell $2,500. On January 18th, 1996, Campbell, a prisoner residing at Washington Corrections Center in Shelton, Washington, was working in the kitchen's meat room when he …
Article • May 15, 2007
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Contract Doctor Negligently Liable As Agent Of State DOC by State prisoner Joe Medley filed a medical negligence claim with the North Carolina Industrial Commission alleging that a doctor hired by the Department of Correction s(DOC), caused the amputation of his leg due to infection. The Commission granted summary judgment …
Article • May 15, 2007
Supreme Court Holds Damage Awards to be Reviewed De Novo by Review of a trial court's determination of the constitutionality of punitive damages should be de novo. At 1684: Despite the broad discretion that States possess with respect to the imposition of criminal penalties and punitive damages, the Due Process …
Article • May 15, 2007
No Municipal Liability for Police Beating by The plaintiff complained of excessive force during the booking process at a police station. An officer thought he had tried to kick a second officer when told to pick up his feet, and knocked him down and then hit him in the face …
NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable by NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable In 1997, John Williams was a New Jersey state parolee. His parole officer arrested him for changing jobs without permission and …
Article • May 15, 2007
Qualified Immunity Upheld on Supermax Mental Illness Aggravation by The Seventh Circuit Court of Appeals affirmed a lower court's grant of qualified immunity on a mentally ill prisoner's condition of confinement claim. Wisconsin prisoner Christopher Scarver is schizophrenic and delusional. He has murdered three people, two of them in prison …
Article • May 15, 2007
WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date by WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date James Allen, a Wisconsin state prisoner, was held 377 days beyond his mandatory release date because he didn't have a Department …
MA Mental Health Patient Wins Over $1.5 M for Beating by Hospital Staff by On August 12, 1993, Jason Davis, a Massachusetts state mental health patient at the Westborough State Hospital left without permission and drank an undisclosed amount of alcohol. He was found later that day and returned to …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Article • May 15, 2007
Family Court Judge Immune From Suit by The plaintiff sued the county Department of Social Services and a Family Court judge for allegedly interfering with his correspondence with his son and ignoring his requests for visitation, and removing the child from his relatives' custody without notice to him. The Family …
CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
WA City Liable for Jail Doctor's Negligence by IN 1975, Michael Shea, a prisoner in the Spokane County Jail in Spokane, Washington repeatedly complained of severe back pain. Even though he was in jail for drunk driving after being in an auto accident, the jail physician only treated Shea for …
$1,226,625 Verdict in Wrongful Death of Prisoner on Jail Outing by While participating in an outing of a state sponsored pretrial detention program, the 21-year-old decedent prisoner in this case decided to swim in a reservoir owned by Connecticut's City of Waterbury. The reservoir was off limits to the public, …
$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 …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
Sheriff Not Liable for Deputy Abusing Arrestee by The plaintiff was in an accident and was arrested for DWI. She alleged that she was verbally threatened and recklessly shoved into a police car, injuring her, and that the deputy intentionally drove in such a way as to cause her more …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
One Week Connecticut Lockdown Conditions Upheld by The prison was locked down for a week and plaintiffs sued for damages over the conditions. At 237-38: "While prison officials may impose institutional lockdowns, the conditions under which the inmates are confined must not violate the Eighth Amendment." The court holds these …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
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