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Illinois Jail Prisoner Beaten By Gang Members Awarded $775,000 by On July 24, 2003, a federal jury in Chicago, Illinois, awarded $775,000 to a man who was beaten by gang members while imprisoned in the Cook County Jail. Plaintiff Stanley Jones, 57, claimed that on March 7, 1999, CCJ jailers …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Pilot Light Burn Nets NY Prisoner $225 by A New York State court of claims judge found the New York Department of Correctional Services (DCS) negligent in training and supervising a prisoner who sustained first-degree burns. The court awarded only $225 for past pain and suffering. On July 15, 1999, …
$98,500 Settlement In Jail Negligence Suit-Prisoner Beating by Darrin Rydberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was incarcerated …
Article • May 15, 2007
$334,432 Award for Woman Raped In Georgia Jail by In December 1992, a federal jury in Fulton County, Georgia, awarded $334,432 to a woman who claimed she was raped by a guard while imprisoned in the Forest Park city jail. The plaintiff, Mary Isdell, claimed that while imprisoned in the …
Article • May 15, 2007
Florida Prison Visitor Awarded $43,000 for Slip and Fall by On October 24, 2002, a Florida court awarded $43,302.52 to a woman who injured her back when she slipped and fell in the visitation area of the Baker Correctional Institution. Dorothy Jackson, 65, was visiting her son, a state prisoner …
Article • May 15, 2007
New York Prisoner Injured In Fall From Bunk Awarded $75 by On October 14, 2004, a court of claims in Syracuse, New York, awarded $75 to a state prisoner who was injured when he fell from his improperly assigned upper bunk. Prisoners at the Cape Vincent Correctional Facility are typically …
Article • May 15, 2007
Washington: $260,000 to Family of Woman Killed By Escaped Prisoner by On November 5, 1991, the State of Washington agreed to pay $260,000 to the family of a woman who was kidnapped and murdered by an escaped work release prisoner. In 1988, while serving a 12-year sentence for two separate …
Article • May 15, 2007
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Article • May 15, 2007
No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment by No Prejudgment Interest Awarded To Washington Prison Contractor Prior To Court Judgment Flour Daniel, Inc., a contractor, challenged an arbitrator's award of six million dollars to build the Stafford Creek Corrections Center in Washington State. Flour characterized …
Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Deposition Testimony Admissible in Beating Trial by The Seventh Circuit Court of Appeals held that the defendants in a civil rights action were improperly precluded from entering evidence to support their defense, the deposition of an unavailable witness was properly admitted, and admitted statements of a prisoner to a treating …
Article • May 15, 2007
$380 Awarded for Fall from NYDOCS Transport Van by A New York state court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380 on October 21, 2004. …
Article • May 15, 2007
Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions by Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions The Eighth Circuit Court of Appeals has held that a pharmacist's refusal to fulfill a prescription issued by a doctor to treat a prisoner disentitles …
Article • May 15, 2007
Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action by Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action The Second Circuit Court of Appeals held that a prisoner seeking damages for a due process violation could not argue the defendants were …
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