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Article • September 15, 2024 • from PLN September, 2024
NaphCare Settles One Suit At Oregon Jail, Loses Motion to Dismiss Second by On August 2, 2024, after losing a motion to dismiss a lawsuit filed by a Jeffrey Simms-­Belaire, a former detainee at Oregon’s Washington County Jail (WCJ), private jail medical contractor NaphCare, Inc. secured an agreement with a …
Article • September 15, 2024 • from PLN September, 2024
TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma by It’s hard to tell who is slimier, a Texas Department of Criminal Justice (TDCJ) guard who allegedly beat a prisoner into a coma or prison officials who then attempted …
$700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens by David Reutter by David M. Reutter On February 6, 2024, the U.S. Department of Justice agreed to pay $700,000 to settle a Federal Tort Claims Act (FTCA) complaint in the death of a prisoner held by the …
Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims by On March 19, 2024, the Court of Appeals of Washington, Division II, held that a state prisoner’s tort claims are not barred in state court even if federal claims arising from …
Article • September 15, 2024 • from PLN September, 2024
Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure by David Reutter On February 12, 2024, the U.S. District Court for the Eastern District of Missouri denied a motion to dismiss a prisoner’s pro se lawsuit by Defendant officials with the state …
Article • September 15, 2024 • from PLN September, 2024
$1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder by David Reutter by David M. Reutter On February 1, 2024, an agreement was filed in the federal court for the District of Colorado by the state Department of Corrections (DOC), promising to pay $1.1 …
Article • September 15, 2024 • from PLN September, 2024
$60,000 Settlement for Kansas Prisoner’s Excessive Force Claim, $578,000 for His Attorneys by David Reutter by David M. Reutter On March 26, 2024, the U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s award of more than $578,000 in attorneys’ fees and costs made as part of …
Article • September 15, 2024 • from PLN September, 2024
California Prisoner Wins Challenge to Overbroad CDCR Records Request Made Prior to Resentencing by Prisoners in custody of the California Department of Corrections and Rehabilitation (CDCR) who were serving a sentence with an enhancement for a prior prison term became entitled to resentencing when Pen. Code§ 1172.75 took effect in 2022, …
Article • September 15, 2024 • from PLN September, 2024
$3.4 Million Settlement for Nevada Prisoner After ‘Wait and See’ Medical Care Became ‘Deny and Delay’ by David Reutter by David M. Reutter On March 21, 2024, the Nevada Board of Examiners (BOE)—a three-­member panel composed of Gov. Joe Lombardo (R), Attorney General Aaron Ford (D) and Secretary of State …
Article • September 15, 2024 • from PLN September, 2024
Filed under: Settlements, Public Records
$2,000 Statutory Award Boosts Ohio Prisoner’s Total Over $9,000 for Denied Public Records by David Reutter by David M. Reutter A $2,000 award of statutory damages by the Supreme Court of Ohio on March 31, 2024, brought the total recovered by Trumball Correctional Institution (TCI) prisoner Kimani Ware for denied …
Article • September 15, 2024 • from PLN September, 2024
Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder by Douglas Ankney by Douglas Ankney On November 29, 2023, the Big Sandy Regional Detention Center in Eastern Kentucky settled a complaint brought by the U.S. Department of Justice (DOJ) with an agreement to provide …
Article • August 15, 2024 • from PLN August, 2024
$11 Million Settlement for Exonerated Michigan Prisoner by David Reutter by David M. Reutter On October 17, 2023, Michigan State Police (MSP) paid $11 million to settle claims by former state prisoner Ray McCann, Jr., 57, after a jury awarded him $14.5 million for his wrongful conviction on a perjury …
Article • August 15, 2024 • from PLN August, 2024
Psychiatrist Settles Virginia Jail Suicide Suit for $1.75 Million by The leading cause of death among people held in local jails is suicide. The family of Christopher Lapp, 62, learned that the hard way when he killed himself at Virginia’s Alexandria Adult Detention Center in 2021, while being held on …
Florida Court Strikes $10 Million of $16 Million Judgment Against Armor Correctional Health in Jail Death by David Reutter by David M. Reutter On August 30, 2023, a Florida court entered final judgment awarding $6 million to the estate of a detainee who died at Santa Rosa County Jail (SRCJ) …
Article • August 15, 2024 • from PLN August, 2024
Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot by David Reutter by David M. Reutter After a Nevada Department of Corrections (DOC) prisoner was blinded by guards using birdshot rounds, the state Board of Examiners (BOE) approved a $2.25 million settlement on September 12, 2023. A separate agreement …
Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury by On January 24, 2024, the Indiana Supreme Court reversed a lower court’s ruling and remanded the medical malpractice complaint of state prisoner Edward Zaragoza against Wexford of Indiana LLC, the privately …
Article • August 15, 2024 • from PLN August, 2024
Arizona DOC Agrees to Pay $2,650,000 in Legal Fees and Costs in Long-Running PLN Censorship Suit by On May 3, 2024, Arizona’s Department of Corrections (DOC) settled a federal censorship lawsuit brought by PLN’s publisher,the Human Rights Defense Center (HRDC). Under the agreement, DOC paid $2,650,000 to cover HRDC’s attorneys’ …
New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test by Douglas Ankney by Douglas Ankney A November 2023 report by the New York Office of the Inspector General (OIG) detailed grave defects uncovered by an investigation into the Contraband Drug Testing Program …
Article • August 15, 2024 • from PLN August, 2024
$275,000 Settlement for Wisconsin Jail Detainee’s Death from Untreated Heart Infection by As the bankruptcy of private jail medical provider Armor Correctional Health Services, Inc. wound down on October 23, 2023, the firm sold off its one remaining asset, a contract to provide medical services to prisoners at Texas’ Nueces …
Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held on November 15, 2023, that a lower court erred in assuming that a group of Virginia prisoners proceeded in forma pauperis (IFP) when they …
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