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Article • May 15, 2007
Wrongful Death, Arrest of New Mexico Epileptic Settles For $1,250,000 by During the week of May 22, 2000, Taos County, New Mexico, settled for $1.25 million a wrongful death lawsuit alleging, among other things, false arrest, excessive force, and denial of medical care. Joaquin Gonzales, 42, had an epileptic seizure …
Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated by Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated The U.S. Sixth Circuit Court of Appeals, vacating a Tennessee federal district dismissal, reinstated a prisoner's civil rights lawsuit against TransCor America for Eighth Amendment violations. Juan Castillo, a …
Article • May 15, 2007
Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action by Missouri Prisoner Awarded $16,000 In § 1983 Use-Of-Force Action On April 4, 1990, the U.S. District Court for the Western District of Missouri awarded $16,000 to a prisoner who was shackled to a bed and beaten by guards at the …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Article • May 15, 2007
Ninth Circuit: Excessive Use of Force in Cell Extraction Defeats Qualified Immunity by John Dannenberg by John E. Dannenberg In an unpublished opinion, a divided panel of the Ninth Circuit U.S. Court of Appeals held that the excessive use of force in a cell extraction violated a resisting prisoner's Eighth …
Article • May 15, 2007
NY Mentally Jail Ill Prisoner Beaten By Guard Wins $500,000 by Plaintiff, a 33-year-old mentally ill man identified only as Donovan, was repeatedly beaten by a guard named Gemelli at the prison in Nassau County, New York. His ribs and one vertebra were broken. He sued Gemelli and Nassau County …
$641,000 Settlement In Beating Death Of Alabama Jail Prisoner by Following the death a man who was allegedly beaten by jailers in a Montgomery, Alabama, jail, the City settled with the man's estate for $641,000. The decedent was arrested in June 1997 for fondling a 10-year-old girl and imprisoned in …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
Article • May 15, 2007
No Municipal Liability for Police Beating by The plaintiff complained of excessive force during the booking process at a police station. An officer thought he had tried to kick a second officer when told to pick up his feet, and knocked him down and then hit him in the face …
Article • May 15, 2007
Brutality Case Against Kansas Jail Dismissed by The plaintiff complained of excessive force. At 1245: "Jail officials are given some latitude in dealing with disruptive inmates." "On the other hand, jail officials may not use a disruption as an excuse for exercising unfettered and unjustified force." Here the only evidence …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
Texas Jury Verdict Finds Civil Rights Violations but Awards $0 for Assault by Texas prisoner Frank Guerro was assaulted on December 2, 1995, by prison guard Antonio Torres, who stuck Guerro, causing a large and painful bruise to his right ribs. He also alleged other guards assaulted him on December …
MA Mental Health Patient Wins Over $1.5 M for Beating by Hospital Staff by On August 12, 1993, Jason Davis, a Massachusetts state mental health patient at the Westborough State Hospital left without permission and drank an undisclosed amount of alcohol. He was found later that day and returned to …
Defense Verdict in Illinois Brutality, Cold Case Upheld by The plaintiff alleged that officers confined him in a cell with a broken window in subzero weather, used excessive force against him, and made false statements leading to wrongful disciplinary action. A jury found for the defendants. The verdict as to …
Article • May 15, 2007
$70,000 Verdict in Georgia Prisoner's Assault by Guards by After he was escorted to his cell for disciplinary segregation, Georgia prisoner Ernest D. Johnson was beat unconscious by guards Brian Breeden and Sgt. Rudolph Gomez. Once inside the cell, the guards attacked Johnson. They choked, stomped, and struck him with …
14 Deputies Who Kill Person in Courtroom Not Entitled to Judicial Immunity by The non-prisoner decedent persisted in trying to ask the judge a question and he told the deputies to restrain him. So 14 of them jumped on him and killed him. The deputies' conduct is not shielded by …
Supervisors Not Liable for Retaliatory Assault by The plaintiff alleged that he was assaulted by an officer because he had filed previous lawsuits against other officers at the prison. He brought suit against supervisory defendants and not the officer. The fact of the assault does not establish deliberate indifference on …
Sheriff Not Liable for Hiring Brutal Jail Guards by The plaintiff alleged that he was subjected to excessive force, including a "knee drop" that severed his intestine. He alleged that the Sheriff was deliberately indifferent in hiring the deputy responsible. The deputy had nothing worse on his criminal record than …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
Article • May 15, 2007
No Immunity for Beating Brain Injured MD Prisoner by The plaintiff, who had had a prior brain injury and was acting disruptively in his cell, was subjected to a cell extraction and sustained further disabling brain injury as a result of trauma including a facial fracture. However, as a result …
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