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Article • May 15, 2007
Court Orders New Trial on Damages Only in Excessive Force Case by A jury found for the plaintiff in an excessive force case but awarded only nominal damages. The court says there is no reasonable basis for the nominal award, and grants a new trial limited to damages. The undisputed …
Article • May 15, 2007
Name Calling Suit Dismissed by The plaintiff's complaint that a prison employee called him a liar and a vexatious litigant with a morally deviant character is not actionable under the Federal Tort Claims Act because the statute exempts libel and slander claims from its waiver of sovereign immunity. The plaintiff …
Article • May 15, 2007
Civil Rights Act Ensures Prisoner's Chance To Prove Allegations Of Abuse by California State Prisoner Clifford Wiltsie brought a § 1983 suit in the U.S. District Court for an alleged unprovoked attack on him by several Department of Corrections (DOC) guards. His suit seeking release from custody and monetary damages …
Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural by Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural Deficits The District of Columbia's Court of Appeals has held that procedural defects in a prisoner's pursuit of administrative remedies does not bar a civil suit per …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
Article • May 15, 2007
Beating Noisy Arkansas Prisoner Unjustified by The plaintiff's allegation that he was sitting on a bench in a cell and two guards entered and beat him was sufficient to withstand summary judgment. The fact that he had been yelling and kicking the walls previously did not provide a basis for …
$75,000 Awarded to Prisoner for Inadequate Medical Care by $75,000 Awarded to Prisoner For Inadequate Medical Care An Iowa prisoner escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. He filed suit and at trial he was awarded …
Retaliatory Beatings Violate First Amendment, Damages Awarded by Retaliatory Beatings violate First Amendment, Damages Awarded The court of appeals for the Second circuit held that a district court had improperly granted Judgment Notwithstanding the verdict to prisoner officials in a retaliation suit filed by New York state prisoners. Court also …
Article • May 15, 2007
Guard Attack Suit Wrongly Dismissed at Spears Hearing by Guard Attack suit Wrongly Dismissed at Spears Hearing The court of appeals for the Fifth circuit held that a district court in Texas wrongly dismissed a prisoner's lawsuit claiming he was attacked by a prison guard. At a Spears hearing the …
Article • May 15, 2007
Malicious and Sadistic Use of Force States Claim by An Indiana federal district court held that state prisoner Nathaniel Jones-Bey alleged sufficient facts to defeat the defendants' motion for summary judgment on his excessive use of force claim. While housed at the Maximum Control Facility in Westville, Indiana, Jones-Bey was …
Article • May 15, 2007
Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard by Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard In a peculiar and narrow application of a 1994 Supreme Court ruling, the Sixth Circuit affirmed a district court's denial of §1983 relief to a prisoner who was assaulted …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
Attorney Awarded $1.50 in Fees in Nominal Damages Case by The First Circuit court of appeals has reduced an attorney fees award from $3,892.50 to $1.50; the fees were awarded to an attorney who helped a pretrial detainee win an award of nominal damages in an excessive force case. The …
Article • May 15, 2007
Intentional Destruction of Evidence Requires Sanction by The New York Supreme Court, Appellate Division, reversed a Court of Claims' denial of a motion for sanctions where prison officials destroyed video tapes showing that a prisoner was beaten. The Attica Correctional Facility prisoner sought damages for injuries caused by guards beating …
U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim by U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim On June 20, 2002, the U.S. Supreme Court reversed the U.S. Court of Appeals, District of Columbia's decision in a backward-looking court access case brought by a …
Article • May 15, 2007
Use of Force While Prisoner Restrained Defeats Summary Judgment by A Kansas Federal District Court held a guard's initial use of force to restrain a prisoner was permissible under the circumstances of the case, but found a genuine issue of material fact existed as to the reasonableness of force used …
Article • May 15, 2007
636(b)(1)(B) Authorizes Nonconsensual Referral To Magistrate by The U.S. Supreme Court held that 28 U.S.C.A. § 636(b)(1)(B) authorized nonconsensual referrals to a magistrate both in cases involving challenges to ongoing conditions of confinement and cases where a specific instance of constitutional violations by prison officials is alleged. Petitioner John McCarthy, …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
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