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PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 by PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 On February 14, 2008, a Florida jury found that Prison Health Services (PHS) was not negligent in misdiagnosing a jail prisoner’s broken neck, which left him a permanent quadriplegic. …
Article • October 15, 2008 • from PLN October, 2008
71-Year-Old Veteran Paid $185,000 for Rough California Jail Booking Treatment by An elderly veteran, while being booked into the Santa Clara County, California jail in December 2005 for failure to appear at a civil trial, struggled with deputies during the fingerprinting process and was subdued with violent force. He claimed …
Brief • October 15, 2008
Mull v. New York, NY, Complaint, Rikers Excessive Force Causing Brain Injury, 2008
Brief • October 6, 2008
Martinez v. Thompson, NY, Mtn. for Atty Fees, Excessive Force Causing PTSD, 2008 Case 9:04-cv-00440-DEP Document 180-4 Filed 10/06/08 Page 1 of 32 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------X ANGEL MARTINEZ, Plaintiff, -against- Case No. 04 CV 0440 (DEP) SCOTT THOMPSON, et. aI., Defendants. ------------------------------x MEMORANDUM …
Millions Paid in Mississippi Jail Deaths; Ten Guards Sentenced for Abuses; Corruption Continues by Bob Williams “The house always wins,” Warden Don Cabana proclaimed to the Sun Herald, a Mississippi newspaper, in July 2007. However, Harrison County, home of the Harrison County Adult Detention Center (ADC), has agreed to pay …
Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses by A federal jury has awarded a former detainee $100,001 against a private company that operated a New Jersey detention center for the U.S. government. The jury found for the plaintiff on her negligent supervision and …
Sanabria v. Hillsborough County, NH, Deposition, employee sex bias jail prisoner abuse, 2007 COpy ~_ •. r THE UNITED STATES FEDERAL COURT FOR THE DISTRICT OF NEW HAMPSHIRE * * * * * * * * * * * * DORIS SANABRIA, * * Plaintiff, * v. * HILLSBOROUGH COUNTY …
Riley v. Corrections Corporation of America, CO, Complaint, Retaliation on Inmate, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. __________________ JAMES RILEY, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, a Tennessee corporation; HOYT BRILL, individually and in his official capacity as Warden of the …
Whistle-blowing California Sheriff’s Deputy Settles Retaliation Suit For $150,000 by John Dannenberg by John E. Dannenberg Butte County, California officials settled a decade-old $1.2 million lawsuit brought by a former county jail deputy who blew the whistle on a jailhouse beating of a child molester ordered by three other deputies, …
Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed. Moran lied …
Article • August 15, 2008
Alabama Prisoner Wins $100 in Excessive Force Suit by On January 1, 2001 Herbert Ivory was an Alabama state prisoner. He was talking with a female guard when 2 sergeants, Michael Hazeley and Darryl Falls, attacked him for no reason. He was seen by a health care person and treated …
Claims by Beaten Indiana Jail Prisoner Upheld; Guard’s Indemnification Claim Denied by The plaintiff said he was beaten by guards; the defendants said he was beaten by one officer, who was fired and recommended for criminal investigation. He was allegedly unruly, was gassed with pepper spray and then strapped into …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Beating, Pepper Spraying of Prisoners on Bus Ride Upheld by The plaintiff was "subdued" after protesting the treatment of another prisoner in the yard. The next day, he and other inmates were put shackled on a bus for transfer, and some of the prisoners created a disturbance on the bus. …
Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied by The plaintiff sued under the Federal Tort Claims Act alleging that INS agents beat him up. He was subsequently deported and forbidden to return to the United States. The government moved to dismiss on the ground that he didn't show up …
Article • August 15, 2008
Venue Proper Where Claim Arose by The plaintiff alleged excessive force by guards and two of the defendants moved to dismiss for improper venue or to transfer. Since one defendant lives in the Northern District of Illinois, venue there is proper. The court transfers the case to the Central District …
Firing of Abusive Texas Prison Guards Upheld by The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence. Their claims are …
Article • August 15, 2008
No Right to Have Evidence Preserved or Wrongdoers Prosecuted by At 81: ". . . [T]here is no federal right to have criminal wrongdoers prosecuted. See Leeke v. Timmerman, 454 U.S. 83, 87 (1981)...." The failure to preserve evidence of an alleged use of force did not violate the right …
Article • August 15, 2008
Slapping Prisoner on Face Okay by The plaintiff was being transferred and shouted obscenities and refused to put out her cigarette. The Sheriff says he tried to take the cigarette out of her mouth and she tried to bite him, and his hand "made contact" with her face. The plaintiff …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
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