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State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
Article • May 15, 2007
$45,000 Settlement In Washington Parolee Rape Suit by In 1994 the Washington State Department of Corrections settled a law suit with Jenifer McBride for $45,000 for her rape by parolee James Brigham. In 1992 the plaintiff was raped and assaulted by James Brigham in Seattle, Washington. The parole officer was …
Article • May 15, 2007
$47,500 Settlement In Washington Parolee Rape & Assault Suit by In 1994 the Washington State Department of Corrections settled with Nancy J. Corcoran and Michael J. Corcoran, for $47,500 for the rape of Nancy and assault of Michael Corcoran by a parolee. Richard E. Lyons was a registered sex offender …
Sixth Circuit Dismisses Tennessee Jail Officials' Qualified Immunity Request by In an unpublished opinion dated October 20, 2004, the Sixth U.S. Circuit Court of Appeals dismissed for lack of jurisdiction an interlocutory appeal challenging a district court's denial of qualified immunity to Tennessee jail officials. While imprisoned in Tennessee's Shelby …
Article • May 15, 2007
Woman Raped In Texas Jail Reaches Confidential Settlement by On March 21, 2000, a woman who was raped in the City of Donna Jail reached a confidential settlement with the City. The woman, who had been jailed overnight for public intoxication, was raped by a police officer. In her lawsuit, …
Article • May 15, 2007
$334,432 Award for Woman Raped In Georgia Jail by In December 1992, a federal jury in Fulton County, Georgia, awarded $334,432 to a woman who claimed she was raped by a guard while imprisoned in the Forest Park city jail. The plaintiff, Mary Isdell, claimed that while imprisoned in the …
Article • May 15, 2007
New Jersey Juvenile Raped By Guards Settles For $500,000 by On May 24, 2002, Morris County, New Jersey, paid $500,000 to settle with a former prisoner who was sexually assaulted by two guards at the Morris County Juvenile Detention Center. While imprisoned in the detention center in September 1997, Mary …
Article • May 15, 2007
Los Angeles County Settles Minor's Sexual Assault Claim While In Custody by On November 2, 2005, Los Angeles County recommended a $300,000 settlement and an assumption of a $21,520.25 Medi-Cal lien for a claim that 17-year-old Kiana M. was sexually assaulted while alone with a County Probation Officer, in Juvenile Hall. Kiana M. …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
$125,000 Awarded in Illinois Prisoner's Rape; Jury Instruction Explaining Directed Verdict Harmless by $125,000 Awarded in Illinois Prisone's Rape; Jury Instruction Explaining Directed Verdict Harmless The Seventh Circuit of Appeal upheld a jury instruction that explained the directed verdict in favor of the supervisory defendants, and held that even if …
Article • May 15, 2007
Arkansas Guards Not Entitled to Qualified Immunity for Rape of Female Prisoner by Erma Trammell, an Arkansas state prisoner, was raped at the Tucker Women's Unit by a guard named Lee Davis. Trammell sued Davis and a host of prison officials in federal district court under 42 U.S.C. § 1983, …
Article • May 15, 2007
$27,000 Paid in Florida Jail Prisoner's Sexual Harassment by Guard by Kayren Burns was a prisoner at Florida's Flagler County Jail on August 8, 1996, when guard Paul Chambrey requested that Burns have sex with him. When she refused, he masturbated, in front of her. Burns brought suit alleging psychological …
PA Female Lt. Awarded $37,234 in Faulty Sex Termination by A female Lieutenant at the Allegheny County Jail was awarded $37,234 and reinstated to her job after a County Personnel Board found she was improperly terminated for allegedly having sex with a prisoner. While in the Allegheny County Jail, prisoner …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Attempted Rape by Cop States Claim by The plaintiff alleged that the defendant police officer stopped him, conducted an unlawful pat down search, handcuffed him, took him to a remote location, and tried to sodomize him. The allegations state a constitutional claim under the Fourth Amendment's protection against unlawful searches …
Article • May 15, 2007
No Claim for Guard Ordering Prisoner to Touch his Penis by The plaintiff alleged that on two occasions an officer unzipped his clothing and instructed the plaintiff to grab his penis. He further alleged that the same officer turned off his water and power for five hours in connection with …
Raped Prisoner's § 1983 Suit States Claim by Raped Prisoner's § 1983 Suit States Claim The U.S. District Court for the District of Nevada held that a prisoner's civil rights suit against county commissioners stated a claim. After allegedly being raped by fellow prisoners in the Washoe County (Nevada) Jail, …
Corruption and Violence Plague South Africa’s Post-Apartheid Prisons by Gary Hunter Corruption and Violence Plague South Africa's Post-Apartheid Prisons by Gary Hunter Corruption plagues South African (SA) prisons at every level as prisoners suffer violence and torture from both prisoners and warders alike. Former high court judge Thabani Jali was …
Sexual Victimization in Prison Statistically Analyzed by John Dannenberg by John E. Dannenberg The New York Academy of Medicine published a study in June 2006 on rates of sexual victimization of state prisoners. Contrasted with earlier studies that only used small population samples, this study covered all adult prisoners (22,231) …
Brief • April 12, 2007
S.R. v. United States, FL, Complaint, lesbian prisoner guard sexual abuse, 2007 Case 1:07-cv-20648-CMA Document 13 Entered on FLSD Docket 04/12/2007 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 07-20648-civ-Altonaga/Turnoff S.R., Plaintiff, v. UNITED STATES OF AMERICA, DAMIOUN COLE, in his individual capacity, CHARLES …
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