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Personal Capacity Suits Not Barred by 11th Amendment by The United States Supreme Court has held that state officials sued in their individual capacities are "persons" within the meaning of Section 1983; the Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under …
Article • May 15, 2007
$440,000 Paid in Pennsylvania Detainee's Suicide by A Pennsylvania federal district court held that guards at the Philadelphia Detention Center can be liable for their acts and omissions in a pretrial detainee's hanging death. While at the Detention Center, Patrick Gaudreau exhibited behavior that resulted in him being involuntarily committed …
PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections officials who censored the May, 1999, issue …
Article • May 15, 2007
Due Process Required Before Prisoners' Wages Seized by The court of appeals for the Ninth circuit held that prisoners are entitled to due process before their wages are seized and prison officials were not entitled to qualified immunity for seizing prisoners' wages without due process. The court also upheld denial …
Article • May 15, 2007
$10,750 Paid In WA Visitor's Slip and Fall by Michelle Cooper was visiting her husband, David B. Cooper, at the Clallam Bay Corrections Center when she slipped and fell on an improperly maintained moist floor caused by a leaky plumbing apparatus. David and Michelle filed a negligence suit in Clallam …
Article • May 15, 2007
$100,000 Paid in Murder Committed by Negligently Supervised WA Parolee by Dexter Villa was shot in the head and killed by Washington parolee Nathan Brightman. Villa's wife filed suit in Pierce county superior court alleging the Washington Department of Corrections failed to implement and enforce an appropriate parole plan to protect the …
CCA Settles Wrongful Death Suit in Texas For $60,000 by In 1998, Corrections Corporation of America (CCA) paid $60,000 to settle a lawsuit filed by the father of a prisoner who died from a drug overdose at a CCA-operated prison. Hugh Wayne Martin, a Texas state prisoner, was transferred to …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
Eighth Circuit Upholds Judgment Against CMS For Delayed Dental Care by In an unpublished opinion filed on August 7, 2001, the U.S. Eighth Circuit Court of Appeals upheld a judgment against Correctional Medical Services (CMS) for failing to provide adequate dental care to a Missouri prisoner. While imprisoned in the …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
Massachusetts: City Potentially Liable For Officer's Negligence by In this case involving a university police officer who was injured by an escaped prisoner, the Superior Court of Massachusetts denied summary judgment to the City of Worcester. The Court held that a jury could find the City's officer was grossly negligent …
Article • May 15, 2007
$200 Awarded To NY Prisoner in Slip and Fall Suit by Curtis Flowers, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for injuries he received as a result of slipping on the stairs at SSCF. On December 4,1998, Flowers slipped and …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Article • May 15, 2007
Qualified Immunity May Not Be Pled For the First Time in a Motion For Reconsideration by Mark Farquhar, a California state prisoner, prevailed on summary judgment in a federal district court on a claim that prison medical staff had been deliberately indifferent to his medical needs. Dr. William Cain, a …
Article • May 15, 2007
$380 Awarded for fall from NYDCS Transport Van by A New York State court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380. On February 21, 2001, …
Article • May 15, 2007
Ga. County Not Liable for Sheriff's Policies by Georgia's First Division Court of Appeals has affirmed the dismissal of claims against Dekalb County in the murder of Sheriff-elect Derwin Brown. The matter was before the appellate court after the lower court grated Dekalb County summary judgment. When Brown's widow's interlocutory …
Article • May 15, 2007
NY Prisoner Awarded $75 for Fall From Bunk by A New York State court held that the New York Department of Correctional Services (DCS) was 100 percent liable for injuries he sustained when he fell from his top bunk. Those injuries were worth just $75, however. DCS prisoner Michael Smith …
Jail Liable for Distress Caused by Hostage Training by The defendants created a training exercise intended to prepare jailers for a hostage situation, and did entirely too good a job of it, according to the plaintiff jailers. They enlisted two probationary jailers to play inmates. They were allowed into the …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
Alabama Jail Still not Liable for Suicides by The plaintiff, a crack addict with a history of suicidal ideation and other psychiatric problems, was arrested for shoplifting and behaved in a deranged fashion. Once locked up, she calmed down, but then starting tearing up her mattress and tied part of …
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