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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 …
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, …
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