Skip navigation

Search

2579 results
Page 70 of 129. « Previous | 1 2 3 4 ... 66 67 68 69 70 71 72 73 74 ... 125 126 127 128 129 | Next »

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 …
Individual Prison Officials Not Liable Under FLSA by Correctional officers sued prison officials in their individual capacities, not their official capacities, over alleged Fair Labor Standards Act (wage and hour) violations, in order to avoid the Eleventh Amendment bar against official capacity suits. However, the defendants in their individual capacities …
Article • May 15, 2007
Police Not Liable for Killing Bystander During Chase by A municipality cannot be held liable for a constitutional violation under § 1983 unless there is a violation by individual officers. The court repudiates its prior decision to the contrary, Williams v. City and County of Denver, 140 F.3d 855 (10th …
School Officials May Be Liable for Teacher Choking Student by At 251: The Supreme Court has encouraged lower courts in appropriate circumstances "to determine first whether the plaintiff has alleged a deprivation of a constitutional right at all," before reaching the question of whether the right was clearly established at …
Article • May 15, 2007
NM Jailers Entitled to Qualified Immunity for Not Releasing Prisoner by The plaintiff obtained an order stating that he should be released from the Taos County Adult Detention Center; however, by then he was at the Bernalillo County Detention Center. Officials at the latter were entitled to qualified immunity for …
Article • May 15, 2007
SD Prison Officials Not Liable for Suicide by The decedent committed suicide. About 10:30 that morning, he asked his case manager if he could make a phone call, but he wasn't on the authorized list for that day. He made an unauthorized call to his ex-wife and said he was …
County May be Liable for Hogtying Death of Arrestee by Hog-tying an obviously mentally deranged suspect constituted excessive force, though the individual defendants were entitled to qualified immunity because it was not clearly established that such conduct was unlawful. However, defendants are not entitled to immunity under state law because …
Article • May 15, 2007
Alabama Jail Not Liable for Suicide by Here's another cookie-cutter jail suicide case. The decedent, who had twice before tried to kill himself and had been placed on suicide watch during his previous stays in the jail, was arrested for DUI, driving without a license, and possession of drugs and …
Article • May 15, 2007
Court Dismisses Kansas Beating Suit by The plaintiff alleged excessive force but did not respond to defendants' summary judgment motion, though he filed a verified complaint with affidavit attached. Defendants' version, not specifically controverted by the plaintiff, is that they used necessary force to subdue an actively resisting prisoner. The …
Sheriff Not Liable in Prisoner Attack by The plaintiff alleged that he was assaulted by another prisoner after that prisoner had twice threatened him in the presence of a staff member, who did nothing despite the plaintiff's requests to be moved. The plaintiff alleged that the assailant should have been …
Beating Claim Exhausted When Defendants' Don't Respond by The plaintiff alleged that he was twice assaulted by the Quick Response Team; on neither occasion was he resisting, and on one he was in restraints. The defendants claimed they used necessary force to subdue him. At 458: ". . . [P]laintiff …
Page 70 of 129. « Previous | 1 2 3 4 ... 66 67 68 69 70 71 72 73 74 ... 125 126 127 128 129 | Next »