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Hawaii State Officials Granted Immunity In Prisoner Beating by Hawaii State pro se prisoner William Aholelei brought a § 1983 action against the Department of Public Safety and various other state officials (defendants) after being assaulted in 2003 by fellow prisoners. He appealed the defendants' summary judgment grant for sovereign …
Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability by At 575-76: ... [T]here is a complex intersection between qualified immunity and supervisory liability. If a plaintiff can establish the requisite indifference in the face of a policy or widespread and pervasive abuses caused by a policy, the …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
Suit Over Mental Patient’s Murder Dismissed by The decedent was strangled by another mental patient, who had the previous day threatened to kill someone in order to be transferred to the other building, and who had attempted to choke another patient previously. The defendant doctor had met with the assailant …
No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Article • August 15, 2008
Failure to Protect Suit Dismissed by The plaintiff had a separation order from another prisoner whose brother he had killed. He was assaulted by that prisoner, who was permitted to be in the same population only because of error. There was no showing that the defendants actually knew about the …
Fired Whistleblowing Rec Staff Allowed to Amend Complaint by The plaintiff, a prison "recreation specialist," alleged that he was fired because of his complaints of lack of safety in the workplace. The court first says that his complaints about lack of personal security amount to no more than negligence, even …
Immigration Detainee Loses Failure to Protect Suit by The plaintiff immigration detainee was attacked by another prisoner and was warned not to retaliate against him. He was involved in a second altercation the next day in which the other prisoner "got cut"; the plaintiff was later criminally convicted for the …
Brief • July 31, 2008
Leary v. Livingston County, MI, Settlement, failure to protect release, 2008 GENERAL RELEASE SKAUN LfARY, \PIaintII""). IIfa.9ll a eM CMI5e oIllCl:ioo in the US Dostrid: Cowl for the E.lstem l)Is(ri(t 0I1'kt1igan, bl'ing eM IldIon 03-60021, ("I 'i9*"'Jj a'ld IlilITllIl9 as Oetendllntli. in Iter oIIIdilllllld in;Iridulll QIPilCU'S, L1Yingston County, tile Livingston …
Indicted California Sheriff Resigns to Fight Federal Corruption Charges by Orange County, California Sheriff Michael Carona, 52, resigned his post on January 14, 2008 to fight corruption charges. As a result of his leaving office he became eligible to receive pro bono legal assistance from a Los Angeles-based law firm …
No Safety or Security for Maryland Prisoners by Michael Rigby Twenty-five guards have been fired amid allegations that they beat prisoners at two Maryland prisons. The Maryland Department of Public Safety and Correctional Services (DPSCS) initially terminated the employment of eight guards on April 4, 2008. Another nine were fired …
$200,000 Injury Damages For Illinois Juvenile Prisoner Reduced To $40,000 For Total Versus Individual Award Confusion by 15 year old Illinois Youth Center (IYC) prisoner Jeffrey Watts brought federal action against several IYC employees for cruel and unusual punishment in failure to protect after fellow prisoner Derrick Greaves allegedly attacked …
Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack by Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition. A …
Article • June 15, 2008
Injuries While Attempting to Flee New York Prison Riot Net $132,000 by A New York prisoner who was seriously injured during a riot was awarded $132,000 by the New York Court of Claims. On August 27, 1989, Ronald Duglan, a prisoner at New York’s Cayuga Correctional Facility, was caught in …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
Summer of Discontent by John Dannenberg by John E. Dannenberg Underlying the purported societal goal of prisoner rehabilitation lurks the reality of what impedes it: systemic violence that defines the adversarial relationship between all men and women behind bars, prisoners and guards alike. Driven by racial animus, drugs, anger, gang …
Washington Jail Prisoners Suffer from Overcrowding, Abusive Guards, Inadequate Health Care and Indifferent Politicians by Roger Smith Since the mid-1990s, Washington State jail populations have increased exponentially. Obsolete facilities built decades ago to hold a handful of prisoners are now packed like sardine tins, with as many prisoners sleeping on …
Article • May 15, 2008
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
Article • May 15, 2008
Father May Sue for Mentally Ill Son’s Jail Assault by Father May Sue for Mentally Ill Son's Jail Assault The plaintiff brought suit as "next friend" of his son, who was assaulted in jail and who he alleged was mentally incompetent. The defendants objected to his doing so because no …
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