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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., …
Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit by Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit The Ninth Circuit U.S. Court of Appeals ruled that a prisoner’s lawsuit against the Los Angeles County …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
New Jersey Prison Officials Denied Summary Judgment In ADA Action by U.S. District Judge Jerome B. Simandle has denied summary judgment to New Jersey prison officials alleged to have violated the Americans with Disabilities Act (ADA). Eddie Williams, a New Jersey prisoner, sued prison officials alleging that he was denied …
Court Denies Michigan Prison Officials Summary Judgment In Discrimination Suit by David M. Lawson, U.S. District Judge, has denied summary judgment to Michigan prison officials in a suit alleging racial discrimination in the termination of a visit by an interracial couple. Gordon Butter, a black prisoner in the Michigan Department …
Article • April 15, 2009
Eighth Circuit Reverses Dismissal of Due Process Challenge to Continued Confinement in Administrative Segregation by On May 12, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment for Arkansas Department of Corrections (ADC) officials alleged to have denied a prisoner due process by …
Article • April 15, 2009
Fifth Circuit Upholds Denial of Exercise for Year, Rejects Due Process Challenge to Placement in Lockdown by On March 28, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment to the Texas Department of Criminal Justice (TDCJ) in a suit alleging the denial …
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