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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, …
Article • May 15, 2007
Washington DOC Pays $1,750 in Soapy Shower Slip and Fall by In August of 1993, Greg Irby, a prisoner confined at Cedar Creek in Little Rock, Washington, slipped and fell when trying to take a shower. Irby alleges that the floor of the shower was polished concrete that was covered …
Washington DOC pays $1,000 to Settle Work Suit by Washington DOC Pays $1,000 to Settle Work Suit In 1994, the State of Washington paid Robert Ryan Schmolke $1,000 to settle a suit. In 1989, Schmolke, a prisoner then confined at Washington Corrections Center in Shelton, Washington, was painting stripes in …
Article • May 15, 2007
Washington DOC Pays $15,000 for Scaffolding Injury by In 1997, the State of Washington and the Department of Corrections paid Michael W. Petrycki $15,000. Petrycki, a prisoner confined at Airway Heights Corrections Center in Airway Heights, Washington, suffered a head injury as he followed his supervisor to work. On 1994, …
Damage Judgment Against Indiana Warden Vacated by The Seventh Circuit Court of Appeals vacated a damage judgment against an Indiana State Prison Warden in his official capacity. The Indiana Northern District Court's decision to award damages against the State violated the Eleventh Amendment and must be reversed. The case was …
Article • May 15, 2007
Government Officials Entitled to Qualified Immunity by The U.S. Supreme Court held that government officials are entitled to a defense of qualified or good-faith" immunity. A. Ernest Fitzgerald filed a civil damages suit in the District of Columbia Federal District Court arguing that he was unlawfully discharged from employment with …
Article • May 15, 2007
Guards Not Liable For Deadly Force to Quell Riot by An Oregon federal district court held that prison officials are not liable for action they took to quell a disturbance that resulted in injury to the plaintiff, who was a non-participant in the disturbance. This action, filed by a prisoner …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Test For Chemical Agents Use On Prisoners Discussed by The Fourth Circuit Court of Appeals held that jury instructions given in a case challenging the use of chemical agents were proper in light of the plaintiffs' failure to object, and that the use of chemical agents on recalcitrant prisoners is …
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
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