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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 …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Article • May 15, 2007
States Duty To Protect Prisoners Is Limited To Reasonably Foreseeable Risks by Suffering from seizures, former New York State prisoner Wesley Levin appealed a Court of Claims' dismissal for damages because of injuries sustained after falling twice from his top bunk. The second fall occurred three days after Doctor Francois …
Article • May 15, 2007
$35,000 Verdict in District of Columbia Slip and Fall by As District of Columbia Lorton Correctional Facility prisoner Kevin Allan was exiting a prison van, he requested assistance to step on the milk crate used as a step. Despite being in leg irons, handcuffs, and a waist restraint, guards told …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Catheterizing Motorist for Urine Sample Suit Dismissed by The plaintiff alleged that he ran out of gas and Sheriff's deputies took him to a hospital and requested he submit to a urine analysis; when he could not urinate with a room full of people watching him, the deputies tackled him …
Article • May 15, 2007
Beating Noisy Arkansas Prisoner Unjustified by The plaintiff's allegation that he was sitting on a bench in a cell and two guards entered and beat him was sufficient to withstand summary judgment. The fact that he had been yelling and kicking the walls previously did not provide a basis for …
Article • May 15, 2007
No City Liability for Policeman's Sexual Assault, Strip Search of Minor by The plaintiff, a minor, was a passenger in a car whose driver was in possession of marijuana. The plaintiff was strip searched at the police station and the officer later made sexual advances toward him and restrained him …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
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