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Article • May 15, 2007
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
Georgia Appeals Court Upholds $600,000 Judgment Against CMS by On July 5, 2001, the Court of Appeals of Georgia Upheld a trial court's $600,000 award to Stephanie Stitt, a former state prisoner, who suffered permanent nerve damage as a result of Correctional Medical Service's (CMS) egregiously inadequate treatment of her …
New York Prisoner Awarded $350,000 For Work-Related Fractures by In February 1998, a New York court of claims awarded $350,000 to a prisoner who suffered heel and elbow fractures when he fell from the roof of a state prison. The award was reduced to $140,000, however, after the judge determined …
No Qualified Immunity for Mental Hospital Strip Searches by The individual plaintiff was subjected to a strip and body cavity search on his voluntary admission to a civilian mental hospital pursuant to a standing order applicable specifically to him. Disability Advocates, Inc., a PAMII organization, is also a plaintiff. The …
Jail Liable for Guard's Rape of Female Prisoner by The plaintiff was sexually abused by a jail officer on two occasions. The plaintiff denied this conduct when jail administrators investigated based on another prisoner's report. She filed a grievance upon leaving the jail and the officer was suspended and a …
No Remedy for Contractor Suit Against Unicor by The plaintiff contractor sued Federal Prison Industries (a/k/a/ Unicor) under the Contract Disputes Act in the Court of Federal Claims. That court lacked jurisdiction because Federal Prison Industries is a "non-appropriated fund instrumentality" for which the United States was not financially answerable …
Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
No Qualified Immunity for Firing Jail Medical Director Over Trial Testimony by The plaintiff alleged that he was fired as jail administrator in retaliation for giving truthful testimony in the civil trial of claims by nurses fired by the jail's medical contractor for criticizing mental health services in the jail. …
Article • May 15, 2007
No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy by No Immunity for Denying Transsexual Prisoner Treatment under Unconstitutional Policy The plaintiff, a pre-operative transsexual, tried to get treatment for gender identity disorder in prison and was ignored for two years. His grievance requested "all of the minimal, though …
Article • May 15, 2007
Municipality May Be Liable Even Absent Employee Liability by Notwithstanding Heller, at 482: "It is possible for a municipality to be held independently liable for a substantive due process violation even in situations where none of its employees are liable." Id. n.3: the court notes that some circuits have rejected …
ADA, RA Include Private Cause of Action by The Americans with Disabilities Act's incorporation by reference of the rights and remedies of the Rehabilitation Act, which in turn incorporates those of Title VI of the Civil Rights Act of 1964, includes the judicial gloss on those rights and remedies, including …
Article • May 15, 2007
No Liability in Jail Prisoner's Medical Neglect Death by The decedent was found unconscious in his cell. Staff attempted mouth-to-mouth resuscitation, and a physician's assistant attempted "full CPR." The decedent was transferred by ambulance to a hospital, where he was pronounced dead. The cause of death was toxic diffuse goiter. …
Article • May 15, 2007
No Immunity in Kansas Jail Suicide by The decedent's mother notified the prison's second-shift supervisor that her son had threatened suicide; he directed a search of the decedent's cell, where a tear-stained suicide note was found. The supervisor ordered him placed on suicide watch and moved to a "hard lockdown" …
County Liable for Miscalculating Detainees Sentence by The plaintiff was denied credit for time served through a record-keeping error arising from the existence of two indictments for the same criminal act. A county policy allegedly prohibited staff from counting days for the same charge under two different court case numbers …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Suit by Mentally Ill NY Jail Prisoners Dismissed by Several plaintiffs alleged that they were subjected to over-medication with psychotropic drugs and denial of timely psychiatric care, timely prescription drug administration, adequate staffing of observation holding cells, adequate therapeutic psychiatric care, and discharge planning and treatment plans. The plaintiffs do …
Article • May 15, 2007
District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 by District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 The United States District Court for the District of Columbia (D.C.) held that the district can be sued under 42 U.S.C. §1983. Twenty-three D.C. prisoners at the Lorton Reformatory …
Article • May 15, 2007
City Liable for Tolerating Police Brutality by At 879: The Plaintiff avers that the City violated his constitutional rights by failing to train, discipline, monitor and evaluate officers in the use of force; refusing to adequately investigate citizen complaints of excessive force; exonerating officers accused of improper use of force; …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
Article • May 15, 2007
Qualified Immunity Reversed on Massachusetts Chemical Toilet Claim by The Massachusetts Court of Appeals has reversed a grant of qualified immunity to a prison warden concerning his failure to provide flush toilets to prisoners. As PLN has reported extensively, for years prisoners at the Southeastern Correctional Center (SECC) in Massachusetts …
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