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Article • May 15, 2007
Georgia: Sheriff, Jail Personnel Not Liable in Prisoner's Suicide by In this civil rights action brought by the parents of a county prisoner who committed suicide, the Court of Appeals of Georgia affirmed a superior court's grant of summary judgment in favor of the sheriff and jail officials. After confessing …
Article • May 15, 2007
D.C. Prisoner's $125,000 Award for Medication Denial, Back Injury Upheld by In this case involving a prisoner who was denied pain medication and was subsequently injured in a fall, the District of Columbia. Court of Appeals held that standard of care was established, proximate cause was proven, and the $125,000 …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Article • May 15, 2007
Alaska Pays Victims of Prisoner-Orchestrated Mail Bomb $2.6 Million by Following a verdict for the plaintiffs in December 1995, the State of Alaska agreed to settle with the victims of a prisoner-orchestrated mail bomb for $2.6 million. On September 17, 1991, plaintiffs, the father and stepmother of a witness who …
Florida Corrections Secretary Not Liable For Failing to Protect From Rape by The Eleventh Circuit Court of Appeals affirmed a district court's order granting summary judgment to the Secretary of the Florida Department of Corrections in a 42 U.S.C. §1983 action alleging the Secretary failed to protect him from sexual …
Washington DOC Pays $4 Million in Parolee's Rape of Seven Year Old by In 2003 the Washington Department of Corrections (DOC) paid a total of $4 million to settle a parole liability suit involving the sexual assault of a seven year old girl by a parolee under its supervision. This …
Article • May 15, 2007
Massachusetts Arrestee Subjected to Unjustified Force by The U.S. District Court of Massachusetts determined that a cooperative arestee, who informed Barnstable police officers of shoulder injury, was the subject of unjustified force which precluded summary judgment. Michelle Aceto was arrested at her home for a thirteen year old traffic ticket. …
Federal Detainee May Pursue Bivens Action Against Private Prison Guards by In a matter of first impression, the United States District Court for the District of Rhode Island held that a federal pretrial detainee could pursue a Bivens action against guards employed by a privately operated detention facility. Plaintiff George …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
Federal Parole Officials Not Entitled To Absolute Immunity by The U.S. Court of Appeals for the Third Circuit held that a district court erred in dismissing a parolee's claim against probation and parole officials and that the parole officials were not entitled to absolute immunity. Lawrence Wilson, a federal parolee, …
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 …
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