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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 …
Sixth Circuit Orders Evidentiary Hearing in § 2255 Action; BOP Guard Gets 262 Months for Prisoner Rapes by Sixth Circuit Orders Evidentiary Hearing in § 2255 Action; BOP Guard Gets 262 Months for Prisoner Rapes The Sixth Circuit Court of Appeals vacated a lower court's denial of a federal prisoner's …
$1,135,000 Paid to Massachusetts Prison Guard for Rape by A Massachusetts prison guard in her 20's was working at MCI- Shirley when a prisoner defeated his cell's locking mechanism and brutally beat and raped her. She sued the manufacturer and contractor of the precast modular jail cells. There was a …
Article • May 15, 2007
$55,000 Paid in Rape by Washington Parolee by On October 17, 1993, David Matthew broke into the apartment of Heidi Braddock and raped her. At the time, Matthew was on parole. The complaint alleged the Washington Department of Corrections rendered negligent supervision because Matthew had violated his parole prior to …
Article • May 15, 2007
Parolees' Claims for Sexual Assault Dismissed as Untimely by The U.S. Tenth Circuit Court of Appeals affirmed a Colorado District Court's dismissal of claims against officials of the Colorado State Department of Corrections (CSDOC) charged with concealing information about sexual assaults by a halfway house director. Four Colorado parolees claimed …
Genuine Issues of Material Fact Preclude Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that summary judgment against a prisoner's §1983 claim was precluded by genuine issues of material fact. An Indiana state prisoner who was raped by other prisoners filed a §1983 action against …
$380,000 Award Against Louisiana Sheriff and Deputy Upheld in Jail Rape Case by The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Plaintiff, a white male, filed a §1983 …
Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault by Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault The U.S. Tenth Circuit Court of Appeals has affirmed a federal district court's grant of summary judgment on qualified immunity grounds to a mental health institution's supervisor against a …
Article • May 15, 2007
Ohio's Rape Shield Law Doesn't Shield Alleged Victim's Diary by The U.S. Sixth Circuit Court of Appeals has reversed a U.S. District Court's denial of a writ of habeas corpus, under 28 U.S.C. §2254, to an Ohio prisoner and remanded with instructions to issue a conditional writ of habeas corpus. …
Prisoner Awarded $130,000 in § 1983 Claim, JNWV Motion Denied by Prisoner Awarded $130,000 in § 1983 Claim, JNWV Motion Denied Prisoner brought an action under 4.2 U.S.C. § 1983 against the Director of the Michigan DOC, a nurse supervisor and others after he was raped in a prison infirmary. …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Fact Issues Preclude Summary Judgment In Prisoner Rape Case by The United States District Court for the District of Maine held that fact issues precluded summary judgment of a sexually assaulted prisoner's § 1983 lawsuit. Plaintiff Linda Faas alleged that while she was in the Washington County Jail (Maine), she …
7th Circuit Upholds Dismissal Of Raped Prisoner's Eighth Amendment Claims by In this civil rights lawsuit brought by an Illinois prisoner who alleged prison officials violated his Eighth Amendment rights by failing to protect him from being raped and then by denying him prompt medical attention., the U.S. Seventh Circuit …
Article • May 15, 2007
Idaho DOC/Employer not Liable for Negligently Supervising Probationer by The Idaho Supreme Court held that the state Department of Corrections ("DOC") and the private employer of a probationer were not responsible for the rape and murder committed by the probationer. In 1994, Corey Hood was convicted of statutory rape, sentenced …
$217,500 Paid in WA DOC Sexual Harassment Claim by Kathleen Lane was an employee of the Washington DOC in August of 1988 when raped and assaulted by one of her co-workers, Charles Beeman, at the WSR in Monroe, Wa. She filed criminal charges and reported the rape to supervisors. The …
Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape by Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape The First Circuit Court of Appeals affirmed the conviction of a Puerto Rico Federal Bureau of Prison guard's conviction …
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