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Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
$90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating by $90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating A Massachusetts prisoner, Robert M. Layne, escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. …
Article • May 15, 2007
First Circuit Affirms Massachusetts Guard's Sentence in Prisoner Beating by by Michael Rigby On May 3, 2005, the U.S. First Circuit Court of Appeals affirmed a guard's 41-month federal prison sentence for assaulting a prisoner at the Nashua Street Jail in Boston, Massachusetts, and then conspiring to cover it up. …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
Article • May 15, 2007
NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence by NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence William Hemric, a New York state prisoner, filed suit after being beaten. He alleged that while housed at Rikers Island jail on May 13, 1995, he was …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
Article • May 15, 2007
$75,000 Nominal Damage Award Improper; Reduced to $1.00 by The Eighth Circuit Court of Appeals upheld a lower court's decision reducing a $75,000 nominal damages award to $1.00. On November 18, 1995, Jose Alonzo Corpus was arrested in Minnesota on an outstanding warrant. While being booked into jail, Corpus exchanged …
Article • May 15, 2007 • from PLN May, 2007
Pennsylvania Prisoner Wins $10,000 On Excessive Force Claim by A Pennsylvania state prisoner who was injured when a guard slammed the cell slot door on his arm after the prisoner didn?t retract his arm soon enough was awarded $10,000 in punitive damages by a federal jury on January 28, 2006. …
Article • May 15, 2007 • from PLN May, 2007
Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000 by Prisoner's Death After Restraint Settled By Los Angeles County For $80,000 The Los Angeles County Claims Board settled a wrongful death lawsuit for $80,000 in December 2006 that resulted from a jail prisoner dying after being restrained of …
Article • May 15, 2007 • from PLN May, 2007
$110,000 Settlement for North Carolina Prisoner Beaten By Guards by A North Carolina prisoner who claimed jailers brutally beat him in the Mecklenburg County Jail (MCJ) will receive $110,000 in exchange for dropping his lawsuit against the county. Paul Midgett alleged that while imprisoned at MCJ on May 10, 2000, …
$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 …
Prison Guard Convicted of Filing False Disciplinary Reports by A federal district court denied a motion by Brazoria county jail guard Wilton Wallace to dismiss federal criminal charges against him stemming from the filing of false disciplinary reports against prisoners at the jail. Wallace unsuccessfully argued that prisoners have no …
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 …
Article • May 15, 2007
Too Low Attorney Fee Award in Jail Beating Vacated by Too Low Attorney Fee Award in Jail Beating vacated The court of appeals for the Fifth circuit affirmed in part, reversed in part and remanded a jury verdict and attorney fee award entered by a district court in Texas. The …
Article • May 15, 2007
Seminal Prison Brutality Case by This is one of the first circuit court rulings on prison brutality. Its methodology has been abandoned in light of later Supreme Court rulings but it is still frequently cited by the courts. The appeals court held that New York prison guards can be held …
Article • May 15, 2007
Beating States Claim by The court of appeals for the Ninth circuit held that a district court erred in dismissing a Hawaii prisoner's lawsuit for failing to state a claim. The plaintiff claimed he was beaten by guards and then denied medical care for injuries he sustained in the beating. …
Jury Interrogatories Reviewed for Plain Error by The court of appeals for the Second circuit held that jury interrogatories are reviewed for plain error and will be reversed even if a party did not object at the trial level, if the instructions affected the proceedings. Plaintiff was a mentally ill …
Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …
Article • May 15, 2007
Jury Instructions on Eighth Amendment Claim by The court of appeals for the Eighth circuit held that a district court erred in sua sponte awarding nominal damages to a Missouri prisoner after a jury found his Eighth amendment rights had been violated by a guard who slammed a food service …
Article • May 15, 2007
Beating States Claim, Medical Misdiagnosis Doesn't by A federal district court in Rhode Island held that a prisoner had stated an Eighth amendment claim that he had been hit in the ribs and groin by three guards. Court held that a misdiagnosis of leukemia did not state an Eighth amendment …
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