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$750,000 Settlement in Chicago Jail Mass Beating Suit by On June 4, 2009, the finance litigation subcommittee of the County Board of Cook County, Illinois moved to settle a lawsuit over an alleged mass beating at the Cook County Jail. In August 2006, Dwond Donahue, Jerome Fountain, Bernard Garcia, Darryl …
Prison, Jail and Law Enforcement Corruption Continues in Georgia by David Reutter by David M. Reutter As the number of people in prison and jail in Georgia has increased, so too has the number of corruption cases involving detention and police officials. One of every 13 Georgians are under the …
Article • December 15, 2009
One Day Delay in X-Ray of Broken Jaw Not Deliberate Indifference by The Eighth Circuit Court of Appeals held that a jail nurse’s one-day delay in having a prisoner’s broken jaw x-rayed was not deliberate indifference of a serious medical need. The ruling came in the appeal of Philander Jenkins, …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Devoe v. Broaddus, CO, Second Amended Complaint, Medical Negligence, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00711-PAB-BNB DEBRA KAY DEVOE, Plaintiff, vs. MARK BROADDUS in his Individual Capacity as Warden, SUSAN ROBERTS in her Individual Capacity as CNM, NP, JENNIFER COUNTRYMAN-TRUJILLO, in …
Texas Prisoners Still Dying in Houston Jails, Among Other Problems by Gary Hunter Clarence Freeman’s hot check turned out to be his death warrant after it resulted in his arrest and incarceration at the Harris County Jail in Houston, Texas, where he was fatally assaulted by a guard. On New …
Article • September 15, 2009
$2,500 Settlement for Jail’s Failure to Treat Broken Hand by Washington State’s King County Jail has paid Edward D. Bland $2,500 to settle a claim that the Jail failed to treat his broken right hand. Upon booking on March 9, 2004, a jail nurse examined Bland’s hand, which was as …
Article • September 15, 2009
$3,300 Settlement for Cruel and Unusual Punishment by Jail Guards by Washington State’s King County Jail paid $3,298.53 to settle the claim of James D. Wilks, who alleged that he was subject to cruel and unusual punishment in January and February 2002. The complaint alleges that Wilks was not treated …
Article • September 15, 2009
$14,000 Settlement in Seattle Jail Excessive Force and Failure to Treat Seizure Disorder by Washington State’s King County paid $14,310.10 to settle the claim of Nikki Stivers, who was arrested on October 1, 2002 by Federal Way police at her home on a warrant. Stivers’s partner warned police that she …
Prisoner Not Allowed to Sue One DOC in Another State by The Seventh Circuit Court of Appeals in Illinois held that New Mexico Department of Corrections (NMDOC) officials cannot be sued in Illinois due to lack of personal jurisdiction. Jimmy Kinslow, an NMDOC prisoner, was transferred in 1995 to the …
Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Article • September 15, 2009
$10,000 Settlement for Ill Treatment Prisoner Colostomy Bag by Washington State’s King County jail has paid $10,000 to settle the claim of Patrick Gaines, who entered jail on May 17, 2002 wearing a colostomy bag that had been surgically implanted in December 2001. Up until May 20, Gaines was kept …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
Article • September 15, 2009
$51,000 Settlement in Seattle Jail Prisoner’s Death by Washington State’s King County Jail paid $51,470.37 to settle a lawsuit stemming from the April 6, 2004 death of prisoner Wade S. Brown, who advised jail officials upon booking that he had heart problems that required prescribed medications. Despite that information during …
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
Article • September 15, 2009
$15,000 Settlement for Failure to Treat Seattle Jail Prisoner’s Hernia by Washington State’s King County Jail paid $15,000 to settle the civil rights suit of Douglas E. Gallagher, who claimed that the Jail had failed to treat his hernia from May 2004 until the time of settlement in March 2006. …
Article • September 15, 2009
$15,000 Settlement for Failure to Treat Seizure Disorder at Seattle Jail by Washington State’s King County Jail paid $15,442.53 to settle the civil rights suit of Troy Deimerly, who claimed the jail failed to take steps to treat his seizure disorder. When Deimerly entered the jail on June 4, 2002, …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
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