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Article • May 15, 2007
Second Circuit Discusses Establishment of Law for Qualified Immunity Purposes by The Second Circuit continues the dance of recalcitrance begun in Horne v. Coughlin with the Supreme Court's repeated admonitions that in qualified immunity analysis, first courts determine if there was a legal violation, and second they decide if the …
Article • May 15, 2007
City Not Liable for Police Acting on Unenforceable Arrest Order by The plaintiff brought suit after police officers acted on an unenforceable out-of-state custody order. The court affirms the finding of no municipal liability. At 645: "We agree that Plaintiffs were not required to prove a pattern of constitutional violation, …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Article • May 15, 2007
No Qualified Immunity for Arbitrarily Pepper Spraying Prisoner by The plaintiff alleged that he was sprayed in the face with Capstun without warning after declining to take his copy of a receipt for confiscated property, then slammed to the floor and handcuffed. He alleged that he did not intentionally disobey …
$90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating by $90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating A Massachusetts prisoner, Robert M. Layne, escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Article • May 15, 2007
TN Jailers Held Liable in Slip-And-Fall Case by The Tennessee Court of Appeals has reversed a trial court's dismissal of a prisoner's negligence action against Loudon County, Tennessee and its sheriff, Tim Guider. James K. Cannon was a prisoner in the Louder County Jail on August 23, 2002 when he …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional by Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional Mark Jordan, a federal prisoner, was housed in a segregation unit for five years while his involvement in a prison murder was investigated. Prison officials testified that …
$275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail by $275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail Plaintiff and Washington State prisoner Michael Shea fell in jail injuring his spine and causing permanent damage. He brought action against the City …
$40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records by $40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records Columbia Legal Services (CLS) brought action against the Washington State Department of Corrections (DOC) in 2003 for not providing public record documents requested …
Article • May 15, 2007
$100,000 Awarded Hospital Guard Injured In Escape by While seeking medical treatment for a prisoner at the University of Massachusetts Medical Center, an officer from the City of Worcester Police Department became distracted by something outside the window. The prisoner, incorrectly secured by the wrists with leg shackles, slipped free …
New Trial Ordered Over Guard's Negligence In Texas Jail Prisoner's Suicide by Ricardo Alvarado's parents challenged a Texas State court's jury verdict clearing guards of negligence regarding his jail suicide. They claimed that the trial court erred in presenting evidence and in the submission of the charges. The court's ruling …
Article • May 15, 2007
Individual Defense Win Precludes Municipal Liability by A defendant's verdict as to individuals in a bifurcated trial forecloses any further action against the municipality under Los Angeles v. Heller (no discussion of possible exceptions to this rule). At 7: "There is, however, nothing to prevent a plaintiff from foregoing the …
Article • May 15, 2007
Fourth Circuit Demands Particularized Right Under Qualified Immunity by In qualified immunity analysis, "[a] preliminary task is to define the constitutional right at issue 'at a high level of particularity.'" (279, citation omitted) The court cites one of its 1999 cases for this point and does not discuss whether this …
Pro Se Suit against CMS and Aramark Dismissed by The plaintiff's release from prison moots his request for declaratory and injunctive relief. The plaintiff's claim for "emotional and psychological deterioration" resulting from bad prison conditions is barred by the PLRA mental/emotional injury provision. Some circuits have held that punitive damages …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
Wisconsin Religious Work Release Contract May Violate Constitution by A contract between the Department of Correction and "Faith Works," a "faith-based program designed to meet the needs of individuals recovering from addiction to alcohol and other drugs," to operate a halfway house raises an Establishment Clause issue because Faith Works …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
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