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Article • May 15, 2007
$100,000 Settlement In Washington Parolee Rape Of A Child by In 1997 the Washington State Department Of Corrections gave Taaisha Finkley McCoy, and Sabrina Finkley, Taaisha's mother a $100,000 settlement for the rape of Taaisha by a convicted child rapist. In 1993 Ben Querido, a convicted child molester worked as …
Article • May 15, 2007
$231,000 Settlement In Washington Parolee Sexual Assault Suit by In 1999 the Washington State Department of Corrections gave a $231,000 settlement to plaintiff, Teresa Vasquez, for the sexual assault of her son Steven Ball. Michael Albert Clum was a registered sex offender, and he was responsible for the sexual assault's …
Florida Juvenile Detainee Awarded $100,000 for Failure to Protect by The Florida Fourth District Court of Appeal affirmed a jury's award of damages sustained as a result of a sexual assault upon a juvenile detainee at a Department of Health and Rehabilitation Services (HRS) facility. HRS was found liable for …
Article • May 15, 2007
$10,000 Settlement for WA Prisoner Raped by Guard by Washington Corrections Center for Women prisoner Patricia Cruz Ortiz was sexually assaulted by guard Dondia Ray Lenoir on December 18, 1995, and January 6, 1996. Ortiz filed suit in Thurston county superior court. She was represented by attorney Jeanette Booth of …
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 …
Article • May 15, 2007
Indiana Prisoner Raped By Staff Ordered to Amend Complaint by Since Indiana has a tort claims act, plaintiff's allegation that defendants took a watch from him does not state a due process claim. At 972: "Denying an inmate nutritious food may constitute an Eighth Amendment violation, but conditions that would …
West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Req by West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Requirement The Supreme court of Appeals of West Virginia has held that a prisoner alleging past, current, or imminent physical or sexual abuse is …
Article • May 15, 2007
Jail Rape Claim Fails for Lack of Notice to Jailers by The plaintiff was raped by other prisoners. He had previously told officers that he was "having problems in the block," and his mother said she told an unidentified jail employee shortly before the assault that her son had been …
Kentucky County Settles Prisoner Rape Suit for $1.4 Million by Grant County, Kentucky, has settled with a prisoner who was brutally raped in the county's jail for $1.4 million. The September 1, 2005, settlement was the largest to date in a series of similar lawsuits against the county. The victim, …
Article • May 15, 2007 • from PLN May, 2007
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
Article • May 15, 2007 • from PLN May, 2007
A Devastating Link: Prisoner Rape and the War on Drugs by by Lovisa Stannow and Kathy Hall-Martinez The enormous financial and moral costs of the ?war on drugs? have been well-documented over the past few years. Less known is the devastating link between U.S. drug policy and the epidemic of …
Injunction, Damages in Prison Rape Affirmed by The court of appeals for the Eighth circuit affirmed a jury's aware of damages and a court's injunction in a South Dakota prisoner's rape suit. Plaintiff was raped by other prisoners at the South Dakota State penitentiary and filed suit. At trial, a …
Article • May 15, 2007
Abuse by Female Guard States Claim by A federal district court held that a Michigan prisoner had stated a claim by alleging a female guard had physically abused him. Not a ruling on the merits. See: Gilson v. Cox, 711 F. Supp. 354 (ED MI 1989).
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
Article • May 15, 2007
Prison Superintendents Not Dismissed from Female Prisoner's Sexual Assault Claim by Prison Superintendents Not Dismissed From Female Prisoner's Sexual Assault Claim The United States District Court for the Southern District of New York denied a motion to dismiss the Superintendent and an Assistant Superintendent from a complaint filed by a …
Driver's License Examiner Denied Qualified Immunity in Prisoner's Sexual Assault by The United States District Court for the Northern District of Oklahoma denied a former driver's license examiner summary judgment on grounds of qualified immunity in a case in which the examiner is charged with sexually assaulting a female work …
Sixth Circuit Reverses Summary Judgment on Prison Rape Case by The U.S. Sixth Circuit Court of Appeals reversed and remanded a district court's grant of summary judgment to Michigan prison officials in a suit brought by a prisoner claiming that officials were deliberately indifferent in allowing him to be raped …
Article • May 15, 2007
E.R. Doctor Not "State Actor"; Prison Guards Liable for Assault by E.R. Doctor Not "State Actor"; Prison Guards Liable for Assault The Sixth Circuit Court of Appeals, partly reversing a federal district court in Michigan, has held that a state prisoner stated a claim for relief against prison guards for …
Punitive Damages Can Be Awarded in § 1983 Claim by Punitive Damages can be Awarded in § 1983 Claim The Eighth Circuit Court of Appeals affirmed a jury verdict of the United States District Court of the Western District of Missouri in favor of an assaulted prisoner. The court also …
Article • May 15, 2007
New York Department of Corrections Sued Over Systemic Rape of Women Prisoners by Ava Azizi New York Department of Corrections Sued Over Systemic Rape of Women Prisoners by Ava Azizi Bobbie Kidd was raped on August 9, 2001 while serving time in Albion Correctional Facility. She claims she was raped …
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