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D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims by Colorado COA Reverses Dismissal Of Individual's State Law, § 1983 Claims The Colorado Court of Appeals reversed the dismissal of a man's state law and § 1983 claims against the Sheriff of Arapahoe County and four deputies for …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Pervasive Risk of Harm Violates Eight Amendment by The Third Circuit Court of Appeals has held that a prisoner stated an Eighth Amendment claim for prison official's deliberate indifference to a pervasive risk of harm. The Pennsylvania prisoner alleged that he had to live day in and day out with …
Article • May 15, 2007
$60,000 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $60,000 to a prisoner who was assaulted by other prisoners at Shawangunk Correctional Facility in New York. On 2-19-91 the prisoner was assaulted by other prisoners while handcuffed in the prison yard. …
$6,798 Paid for Injuries Sustained in Washington Riot by James C. Cobb and Carvell Gardner, McNeil Island prisoners, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1992, that resulted in a riot that caused death to one prisoner and unspecified to severe injuries to …
The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed by The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed Alabama state prisoner Willie Glover filed a §1983 suit …
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 …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Article • May 15, 2007
No Summary Judgment on NY Failure to Protect Claim by The New York Supreme Court upheld a lower court's denial of summary judgment to jail officials on a prisoner's failure to protect claim. On January 17, 2001, James Nelson, a member of the "Bloods" gang, and Walter Lindsay fought in …
$500 Award in Failure to Protect NY Prisoner from Assault by William Blake, Jr., a prisoner at the Sullivan Correctional Facility (SCF), filed a pro se law suit against SCF, for failing to prevent another prisoner from assaulting him, in SCF's Special Housing Unit (SHU). In November 1998, a prisoner …
Article • May 15, 2007
$4,500 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $4,500 in damages to a prisoner who was assaulted and slashed by another prisoner at the Sullivan Correctional Facility, in New York on March 2, 1996. His assailant, named Salcedo, was a …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Violence as a Condition of Confinement Violates Eighth Amendment by Prisoner filed class action suit based on the level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City. The district court found that violence level at CIFM exceeded levels at other, comparable, institutes; …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
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