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United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
New York: Summary Judgment of Pregnancy-Related Deliberate Indifference Claim Reversed by New York: Summary Judgment of Pregnancy-Related Deliberate Indifference Claim Reversed The U.S. Second Circuit Court of Appeals held in this case that material fact issues precluded summary judgment of a pregnant New York prisoner's lawsuit alleging deliberate indifference to …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
Florida Corrections Secretary Not Liable For Failing to Protect From Rape by The Eleventh Circuit Court of Appeals affirmed a district court's order granting summary judgment to the Secretary of the Florida Department of Corrections in a 42 U.S.C. §1983 action alleging the Secretary failed to protect him from sexual …
Federal Detainee May Pursue Bivens Action Against Private Prison Guards by In a matter of first impression, the United States District Court for the District of Rhode Island held that a federal pretrial detainee could pursue a Bivens action against guards employed by a privately operated detention facility. Plaintiff George …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
New York: Prisoner Raped In County Jail Awarded $250,000 by On September 24, 1997, a man who was raped while imprisoned in the Oneida County (New York) Jail settled his lawsuit against the county and the Utica City Police Department for $250,000. Plaintiff, an 18-year-old male, was imprisoned in the …
Administrative Remedy Exhaustion Rule Restricted by The U.S. Court of Appeals for the Second Circuit has limited the rule that prisoners must exhaust all administrative remedies before filing a civil rights action under 42 U.S.C. Section 1983 as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a). The …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
No Qualified Immunity For Prison Officials In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that prison officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit and that fact issues precluded summary judgment. Timothy Ryan was arrested for …
$3,500 Paid for Injuries Sustained in WA Prison Riot by Reginald Halsell, a McNeil Island prisoner, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1995, that resulted in riot that caused death to one prisoner and unspecified serious injuries to Halsell. On September 7, …
§ 1983 Complaint Not Frivolous, Stated Claim, Can Be Amended by The U.S. Court of Appeals for the Sixth Circuit held that a prisoner's civil rights suit was not frivolous, that it stated a claim, and that the prisoner could amend his complaint a third time. Richard Lawler, an Ohio …
Article • May 15, 2007
$5,040 Awarded in Federal Prison Stabbing by A Georgia federal district court, after a non-jury trial, held the United States Government was liable under the Federal Tort Claims Act in a prisoner on prisoner stabbing. The stabbing was committed by Steve Rollins, a prisoner of the Atlanta Federal Penitentiary, who …
Article • May 15, 2007
Dismissal of Assault Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's civil rights suit claiming that a Michigan Department of Corrections (MDOC) official was deliberately indifferent to prisoner safety. Michigan prisoner Prince Varmado-El got into an argument …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Article • May 15, 2007
OH Guards Not Responsible for Assault on Prisoner Unless They Knew the Assault Might Occur by OH Guards Not Responsible for Assault on Prisoner Unless They Knew the Assault Might Occur On February 21, 1999, Carl Ford, an Ohio state prisoner, was in his cell at the Ross Correctional Institute …
Article • May 15, 2007
Fourth Circuit Discusses Standard of Review in Prisoner Assault Cases by Prisoner assault cases are governed by a deliberate indifference standard and not a negligence standard, and the two standards are not the same thing. The question is whether the warden acted "obdurately or wantonly." In making the last statement, …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (jail), had his jaw broken by a prisoner in his cell during a fight. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants …
Article • May 15, 2007
OH Prisoner Wins $50 in Personal Injury Suit by Earl Starks was an Ohio state prisoner at the Toledo Correctional Camp. In the early morning hours of January 1, 2004, a riot broke out in Starks' dorm. Guards refused his request to leave the dorm, after which he was hit …
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