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California: Guard Hit by Contractor Awarded $405,242 for Knee Injury by On December 22, 2000, a California superior court awarded a prison guard $405,242 for a knee injury he sustained when he was hit by a prison contractor's vehicle. On February 4, 1999, plaintiff Steven Churchill was working as a …
Article • May 15, 2007
$25,000 Paid in WA Parolee Negligent Supervision suit by Mark Bulzomi suffered serious and permanent injuries when Zachery Euse violently drove his vehicle into Bulzomi's. Euse was on community supervision by the Washington Department of Corrections, and he was driving without license. Bulzomi filed a negligent supervision claim in the …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
$200 Awarded New York Prisoner for Fan Injury by A New York Court of Claims has awarded prisoner Tyrone Marsh $200 for injuries incurred after a fan from his cell fell and hit him in the head. While in his cell at Green Haven Correctional Facility on August 20, 2002, …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
Article • May 15, 2007
$6,285,436 Awarded In Washington Parolee Wrongful Death Suit by In 1997 a Pierce county Superior Court Jury in Washington awarded $6,285,436 to Sylvia McFarland for the wrongful death of her 17 year old daughter Meeka Willinham. On August 19, 1994, a man named Johnny Robert Eggers entered Meeka's bedroom and …
Article • May 15, 2007
$7,500 Settlement To Victims Of Washington Parolee Scam In Tacoma, Washington by In 1994 the Washington State Department of Corrections gave $7,500 to the plaintiffs Olva Kleiva and Manda Kleiva, Martin Toso and Joyce Toso, Eugene Perrine and Ute Perrine, for their money being stolen by a parolee named Richard …
Article • May 15, 2007
Delayed Sweat Lodge Construction Unconstitutional; Qualified Immunity Granted by A federal district court in Iowa has held that prison officials' delay in constructing a Sweat lodge for Native American prisoners incarcerated at Fort Dodge Correctional Facility (FDCF) violates the prisoners' right to free exercise of religion under the First Amendment, …
Article • May 15, 2007
$75,000 Settlement In Washington Parolee Sexual Assault Suit by In 1993 the Washington State Department of Corrections gave Melanie W. Watters a $75,000 stipulated judgment for being raped by George M. Boggs, Jr., who was a parolee from the Washington State Department Of Corrections. On March 16, 1991, the plaintiff …
Article • May 15, 2007
$100,000 Settlement In Washington Parolee Rape Of A Child by In 1997 the Washington State Department Of Corrections gave Taaisha Finkley McCoy, and Sabrina Finkley, Taaisha's mother a $100,000 settlement for the rape of Taaisha by a convicted child rapist. In 1993 Ben Querido, a convicted child molester worked as …
Article • May 15, 2007
$231,000 Settlement In Washington Parolee Sexual Assault Suit by In 1999 the Washington State Department of Corrections gave a $231,000 settlement to plaintiff, Teresa Vasquez, for the sexual assault of her son Steven Ball. Michael Albert Clum was a registered sex offender, and he was responsible for the sexual assault's …
Article • May 15, 2007
$250,000 Settlement In Washington Parolee Wrongful Death Suit by In 1996 the Washington State Department of Corrections gave Bruce J. Bauer a $250,000 settlement for the death of his father by a parolee. In 1994 Donald W. Sherman, killed Lester E. Bauer, M.D., in Las Vegas, Nevada. Donald Sherman was …
Article • May 15, 2007
6th Circuit: § 1983 Claims Against County Must Connect Policy, Violation by In this case involving the death of a prisoner in the Washtenaw (Michigan) County Jail, the U.S. Sixth Circuit Court of Appeals held that the decedent's estate had not shown that his death resulted from a county custom …
Article • May 15, 2007
Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing by Alabama Appellate Court Upholds Civil Immunity of Witness Testimony at Parole Hearing Alabama state prisoner William Sullivan filed a civil lawsuit in state court against William Smith and Karen Smith for slander, perjury and obstruction of government …
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable by Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable In this case involving a Title VII discrimination suit against Correctional Physician Services (CPS), the U.S. Third Circuit Court of Appeals held that the company's buyer, Prison Health Services …
Article • May 15, 2007
Texas: Fifth Circuit Reinstates Epileptic Prisoner's Federal, State Claims by In this appeal by an epileptic individual who suffered a seizure in the Kerr County (Texas) Jail, the U.S. Fifth Circuit Court of Appeals held that fact issues precluded summary judgment of his federal claims and that he stated causes …
CA Supervisors Liable for Indemnifying Deputies from Punitive Damages by A California federal district court held county supervisors are not entitled to legislative immunity from suit for past voting decisions to indemnify sheriff deputies from punitive damage awards, as such decision were ad hoc, non legislative and individually targeted decisions …
Article • May 15, 2007
Judicial and Good Faith Immunity Available under § 1983 by Judicial and Good Faith Immunity Available under § 1983 The United States Supreme Court held that the Civil Rights Act did not abolish the traditional immunity accorded to judges for acts within their judicial role, and that police officers can …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
Article • May 15, 2007
Nurse Denied, Sheriff Granted, Qualified Immunity on Prisoner's Stroke by The U.S. Sixth Circuit Court of Appeals, partly reversing the U.S. District Court for the Eastern District of Tennessee, held that a jail nurse was not entitled to qualified immunity but that the sheriff and jailer were so entitled, in …
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