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AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
Article • May 15, 2007 • from PLN May, 2007
Washington DOC Pays $1.9 Million in Rape-Murder; County Escapes Liability by The Washington Supreme Court has held that Mason County had no duty to warn the public of a sex offender in the community, thus the County could not be held liable for negligence. The ruling came in a lawsuit …
Kentucky County Settles Prisoner Rape Suit for $1.4 Million by Grant County, Kentucky, has settled with a prisoner who was brutally raped in the county's jail for $1.4 million. The September 1, 2005, settlement was the largest to date in a series of similar lawsuits against the county. The victim, …
PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members by David Reutter by David M. Reutter In its continual effort to expose corruption within prisons, PLN has uncovered the confidential settlement between Florida?s Prison Rehabilitation Industries and Diversified Industries (PRIDE) and the corporations spawned by its former directors? …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
$12,000 Award Against Jail Guard who Witnessed Police Beating and Did Nothing by $12,000 Award Against Jail Guard Who Witnessed Police Beating and Did Nothing The court of appeals for the Fifth circuit affirmed a jury verdict of 112,000 against a policeman who beat a Georgia jail detainee after he …
Disciplinary Hearings Require Disclosure of Evidence by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois state prisoner's lawsuit, for failure to state claim, when prison officials did not disclose an exculpatory report at a disciplinary or state the evidence relied …
Trial Required in Jail Beating by The court of appeals for the Eighth circuit affirmed in part, reversed and remanded in part a directed verdict in favor of jail officials. A pretrial detainee in the St. Louis Municipal jail in Missouri claimed he was beaten and punched by jail guards …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
Article • May 15, 2007
Jail Ban on Hardcover Books Struck Down by The court of appeals for the Seventh circuit affirmed a lower court ruling striking down as unconstitutional a Cook county jail (Chicago, IL) policy banning hardcover books sent to prisoners from any source, including publishers. The appeals court also affirmed the denial …
FL Jail Pays $500,000 in Medical Neglect Suit by The court of appeals for the Eleventh circuit upheld a jury verdict against the Escambia county Road Prison in Florida for $500,000 in favor of a prisoner denied medical care. The plaintiff fractured his hip ball socket and was repeatedly denied …
Disciplinary Hearing Officer Cannot Be Related to Infracting Guard by Disciplinary Hearing Officer Cannot be Related to Infracting Guard A federal district court in Pennsylvania granted summary judgment to a Pennsylvania state prisoner holding that a prison disciplinary hearing officer cannot be the father of the guard who wrote the …
No Qualified Immunity in Prison Murder by The Tenth circuit affirmed an Oklahoma district court order denying summary judgment on qualified immunity grounds, and a stay of discovery, to Oklahoma prison officials. The appeals court held that the prisoner's stabbing and strangulation death by other prisoners created a genuine issue …
No Qualified Immunity for Rectal Searches by The court of appeals for the Ninth circuit upheld the denial of qualified immunity to Washington prison officials who bad promulgated a policy requiring that all prisoners in Intensive Management Units (IMU) be subjected to digital, rectal probes by prison medical staff. Thousands …
No Qualified Immunity for Failing to Protect Jail Prisoner by The court of appeals for the Third circuit held that jail officials were not entitled to qualified immunity for failing to protect a pretrial detainee from harm by other prisoners. The plaintiff was detained for traffic violations and placed in …
Article • May 15, 2007
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
Article • May 15, 2007
Right to Prison Abortions Unclear by The court of appeals for the Sixth circuit held that BOP officials J in Kentucky were properly granted qualified immunity for denying a prisoner an abortion after she requested one. Note that since this ruling other courts have held prisoners and pretrial detainees have …
Confidential Informant Testimony Must Be Reliable by Confidential Informant Testimony Must be Reliable The court of appeals for the Sixth circuit held that in prison disciplinary hearings, the hearing officer must provide written findings for the decision and a written summary of the evidence relied upon. When confidential informant testimony …
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