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No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Damages and Attorney Fees Awarded in Forced Medication Suit by The court of appeals for the Tenth circuit held that a Utah pretrial detainee's right to due process was violated when he was forcibly medicated with psychotropic drugs. District court entered judgment on a jury award of $100 actual and …
Article • May 15, 2007
Prison Rules Require Adequate Notice, Supervisor Liable in Disciplinary Appeals by A Maryland state prisoner sued under § 1983 challenging the lack of notice of prison rules and no prison appeal procedure. He was infracted for possessing contraband, anything not issued by the prison, for having a pair of jeans …
$22,500 Awarded, Due Process Required for Forced Drugging by $22, 500 Awarded, Due Process Required for Forced Drugging The court of appeals for the Seventh circuit held that an Indiana prisoner was competent to decide whether or not to take medication for schizophrenia. The prisoner was forcibly drugged and the …
Article • May 15, 2007
Qualified Immunity for Urine Samples in Presence of Parole Officer by The court of appeals for the Eighth circuit held that a Nebraska parole officer was entitled to qualified immunity from a parolee's lawsuit that he was required to provide urine samples for drug testing in the officer's presence. The …
Article • May 15, 2007
Warden Liable for Inhumane Seg Conditions/Placement by The court of appeals for the Eighth circuit held that a Missouri prisoner's lawsuit claiming he was placed in solitary confinement for no articulated reason, in a cell with no hot water, fresh air or ventilation and a vermin infested mattress, stated a …
Sheriff's Delay Or Denial Of Detainee's Serious Medical Needs Ruled Sufficient To Defeat Summary Judgment Motion by The Fifth Circuit US Court of Appeals ruled that a sergeant's actions that resulted in delay or denial of medical care to a county jail detainee who subsequently died from alcohol withdrawal seizures …
Article • May 15, 2007
Louisiana Sheriff Denied Qualified Immunity in Detainee's Suicide by The Fifth Circuit issued a mixed ruling after Louisiana Sheriff's officers appealed the denial of qualified immunity on a jail suicide matter. In August 1996, Sheila Jacobs was arrested for attempted murder. Sheriff Bill Daniel was told that she had tried …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
Washington DOC Pays $40,000 in Chair Collapse by In 1999, the Department of Corrections and the State of Washington paid Michael Debruyne $40,000. Debruyne, a free citizen of the State of Washington, was employed by Beginning Alliance, a contractor with the DOC providing alcohol and drug rehabilitation counseling at the …
Article • May 15, 2007
Washington DOC Pays $156 for Losing Court Tape by In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and …
Spoliation of Evidence May Imply Liability by A U.S. District Court in Maine held that the spoliation of relevant missing or tampered documents precluded summary judgment, and that certain supervisors were not liable to the estate of a deceased prisoner, but a clinical social worker and two prison guards were …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
Article • May 15, 2007
Refusal to Treat Tooth Cavity States §1983 Claim by Refusal to Treat Tooth Cavity States §1983 Claim The Second Circuit Court of Appeals has reversed and remanded a federal district court's grant of summary judgment on grounds of qualified immunity to prison officials who refused to treat a prisoner's tooth …
Article • May 15, 2007
Washington DOC Pays $1,500 in Ice Slip and Fall by In 1994, Maureen E. Olin, a free citizen was paid $1,500 by the State of Washington. On a cold day in December of 1993, Olin went to the Special Offender's Center in Monroe to pick up her husband's check. As …
Article • May 15, 2007
Washington DOC Pays $80,000 in Guard Slip and Fall by In 1999, the State of Washington and the Department of Corrections paid Joann L. Sprengel and Lew Sprengel (husband and wife) $80,000. On February 14, 1995, Joann Sprengel was leaving to go home from work when she slipped and fell, …
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