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Guard's Liability for Florida Prisoner's Suicide Jury Question by By David M. Reutter A Florida Appeals Court held that a jury, not a judge, must determine if a guard at the Pinellas County Jail (PCJ) is entitled to sovereign immunity and qualified immunity. This case was before the court on …
Article • May 15, 2007
Officials Engaged in Routine Medical Procedures not Deliberately Indifferent; Supervisors May be Liable by The Second Circuit Court of Appeals has held that persons engaged in the performance of routine medical procedures were not deliberately indifferent to the plaintiff prisoner's serious medical needs in this case. Supervisory prison officials, however, …
Article • May 15, 2007
Sheriff Denied Qualified Immunity in Jail Suicide by The Eighth Circuit Court of Appeals affirmed a district court's denial of qualified immunity to the Lincoln County, Nebraska, Sheriff in a jail suicide case. On December 8, 2001, Lincoln County Officers responded to a 911 call from an emotionally despondent Dennis …
Florida Jail Liable in Medical Neglect Death by PHS by Carol Ancata, personal representative of Anthony Ancata, deceased, and natural guardian of Tara Ancata, filed a lawsuit against Prison Health Services, Inc. (PHS), the Broward County Jail and the Sheriff of Broward County (defendants) for violating Anthony Ancata's Fourteenth and …
Guard Denied Qualified Immunity in Prisoner's Assault by The U.S. Ninth Circuit Court of Appeals affirmed denial of summary judgment on qualified immunity grounds by a California federal district court to a lieutenant at the California Men's Colony in a case where a prisoner was assaulted by his cellmate. Michael …
Article • May 15, 2007
Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months by Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months The Seventh Circuit Court of Appeals held prison officials were entitled to qualified immunity for delaying the plaintiff's marriage for over 12 months. This action …
$1,135,000 Paid to Massachusetts Prison Guard for Rape by A Massachusetts prison guard in her 20's was working at MCI- Shirley when a prisoner defeated his cell's locking mechanism and brutally beat and raped her. She sued the manufacturer and contractor of the precast modular jail cells. There was a …
Prison Liable in Denying Bone Marrow Transplant by The court of appeals for the Eighth circuit held that prison officials can be held liable for promulgating policies that deny treatment to prisoners suffering from fatal illnesses, even when the prison has contracted out its medical care to a third party. …
Factual Issues Preclude Summary Judgment on Eighth Amendment, ADA Claims by A U.S. district court dismissed a .prisoner's First Amendment and retaliation claims but held that summary judgment of his Eighth Amendment and ADA claims was precluded by remaining issues of fact. A Michigan state prisoner brought §1983 action against …
Article • May 15, 2007
US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability by US Supreme Court Holds That There Is No Interlocutory Appeals on Municipal Liability The US Supreme Court held that Municipalities are not qualifiedly immune from suit, and that the appellate courts do not have authority to …
New York County and Sheriff Liable For Illegal Strip/Body Cavity Search by A New York woman filed suit under 42 U.S.C. § 1983 after being arrested on misdemeanor charges and subjected to a strip/body cavity search at the jail. A U.S. district court granted Respondents' motion for summary judgment, 630 …
Article • May 15, 2007
$55,000 Paid in Rape by Washington Parolee by On October 17, 1993, David Matthew broke into the apartment of Heidi Braddock and raped her. At the time, Matthew was on parole. The complaint alleged the Washington Department of Corrections rendered negligent supervision because Matthew had violated his parole prior to …
Article • May 15, 2007
$2,250,000 Paid in Negligent Supervision of Washington Parolee by On January 11, 1998, Warrick Washington, a dangerous and mentally- ill Washington parolee, shot and killed two teenage boys playing videogames at a friend's house. Prior to the shooting Washington had knowingly violated terms of his parole no less than four …
Article • May 15, 2007
$3.5 Million Paid in Stabbing Death by Washington Parolee by Jeanne Baker filed a claim for damages in the stabbing death of her father, Stanley A. Stevenson, on August 24, 1997. Stevenson was stabbed on a Seattle street by Dan Van Ho, who was under the custody, control and/or supervision …
Article • May 15, 2007
$5,000 Paid in Washington Prisoner's Failure to Maintain Grounds Claim by Kathryn A. Kaiser, a prisoner at the Washington Correction Center for Women, used a water spigot to wash her hands. When she stepped back from the spigot, which was between the dining hall and sweat lodge, the ground under …
Article • May 15, 2007
No Qualified Immunity for Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that …
Prison Warden Granted Qualified Immunity in Employee's Death by The U.S. Sixth Circuit Court of Appeals held that the U.S. District Court for the Eastern District of Michigan was correct in denying a prison warden's motion to dismiss a 42 U.S.C. §1983 complaint for failure to state a claim, but …
South Dakota Prisoners' Dismissed Access to Courts Claims Partly Reversed by The U.S. Eighth Circuit Court of Appeals has partly reversed the dismissal of South Dakota prisoners' claims that the South Dakota Department of Corrections (SDDC) and officials of the South Dakota State Penitentiary (SDSP) engaged in policies and practices …
Article • May 15, 2007
Videotaping States Claim, District of Columbia Can be Sued Under §1983 by Videotaping States Claim, District of Columbia Can be Sued Under §1983 The U.S. District Court for the District of Columbia held that the District of Columbia could be sued under 42 U.S.C. §1983 and that prisoners' allegations of …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
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