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Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment by U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations. Gregory Norwood, a California prisoner, alleged that …
Article • December 15, 2009
Ex-Prisoners Acquitted for Insufficient Evidence May Not Sue Texas by On July 31, 2008, a Texas appeals court ruled that persons who were convicted of a crime, spent time in prison while awaiting appeal, but were acquitted due to insufficient evidence on appeal, were not entitled to sue the State …
TDCJ Settles Race Discrimination Suit Following Denial of Sovereign Immunity by On May 20, 2004, a Texas appellate court denied an appeal filed by the Texas Department of Criminal Justice (TDCJ) after a district court denied a motion for summary judgment and another for sovereign immunity in a race discrimination …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Arizona DOC May Be Held Accountable for Not Protecting Prisoners from Asbestos by A federal magistrate judge in Arizona has recommended denying a motion for summary judgment filed by the State of Arizona in a lawsuit brought by a group of current and former prisoners. The suit was filed after …
Article • September 15, 2009
Summary Judgment Denied Illinois Lawmen for Assaulting Prisoner During Booking by In August 2007, Tony Swift was arrested by Wiliamson County, Illinois Sheriff's Deputies Kyle Rinella and Jeff Hutchinson (Defendants) on charges of disorderly conduct. Soon thereafter, Plaintiff Swift's attorney, Hugh R. Williams of Carbondale, Illinois, filed suit pursuant to …
Texas Prison Guards Denied Summary Judgment in Excessive Force Case by On December 7, 2007, Texas prisoner Michael Newsome filed a civil rights complaint alleging that excessive force was exercised against him by prison supervisors Captain John McDaniel and Sergeant John Rhinehart. That suit was dismissed on May 22, 2008 …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Article • June 15, 2009
Fourth Circuit Vacates Dismissal of Challenge to Virginia's Gift Publication Ban by On June 27, 2008, the Fourth Circuit Court of Appeals vacated a district court's dismissal of a prisoner's challenge to the ban on gift publications in a Virginia prison. Robb M. Harksen, a Virginia prisoner, filed a pro …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Summary Judgment Denied For Arkansas Officials Accused of Excessive Force and Deliberate Indifference by Harry Barnes, U.S. District Judge, has denied summary judgment to a group of Arkansas officials accused of using excessive force and exhibiting deliberate indifference toward serious medical needs in the arrest of an individual. Harry Hill, …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
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