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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 …
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 …
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