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$2.7 Million Settlement for Oklahoma Double Leg Amputee Jail Prisoner by On April 9, 2009, a federal district judge in Oklahoma signed a consent decree memorializing a $2.7 million settlement between an Oklahoma county and a former jail prisoner who suffered amputation of both legs while incarcerated at the jail. …
$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 …
Massachusetts Man’s Estate Resolves Wrongful Conviction Suit for $14.1 Million by David Reutter In July 2009, the estate of a man who served over 18 years in Massachusetts prisons for a murder and robbery he did not commit reached a $3.4 million settlement with 5 of the 6 insurers for …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
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 …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • October 15, 2009
No Damages for Georgia Prisoner Left Paraplegic After Prisoner Attack by A former Georgia prisoner won a liability claim against a guard at the Ware State Prison, but was not awarded damages. While serving a life sentence, Henry Leroy Martin was told by guard Timothy Bagley to remove another prisoner’s …
Human Rights Watch Report Calls to Reform PLRA by David Reutter by David M. Reutter “The PLRA has had a devastating effect on the ability of incarcerated persons to protect their health and safety and vindicate other fundmanetal rights,” concludes a June 2009 report titled No Equal Justice: The Prison …
Article • October 15, 2009 • from PLN October, 2009
Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner by On March 27, 2009, Los Angeles County agreed to pay $7,000,000 to a youth that was severely beaten at the Barry J. Nidorf Juvenile Hall (Nidorf) in Sylmar, California after the youth was pressured, but refused, to join …
Article • October 15, 2009
$625,000 Jury Verdict in Negligence Suit for New York Hospital’s Failure to Protect Patient from Prisoner by In 1994 a New York County jury awarded a woman $625,000 in a lawsuit contending a hospital failed to coordinate a security plan with the Department of Corrections, resulting in a sexual assault …
Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs* by Alphonse A. Gerhardstein by Alphonse A. Gerhardstein+ Ed. Note: This article is written with the aim of assisting attorneys who are litigating prison-related lawsuits; however, it is also very helpful for …
Why False Imprisonment Recoveries Should Not Be Taxable by Robert Wood by Robert W. Wood1 Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional …
Article • September 15, 2009 • from PLN September, 2009
$2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit by A class action lawsuit alleging illegal strip searches occurred regularly at Pennsylvania’s Dauphin County Prison (DCP) has been settled for $2.16 million. The class claimed they were arrested on minor charges and strip searched without any particularized suspicion that …
Article • September 15, 2009 • from PLN September, 2009
New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24, which prevents prisoners from bringing 42 U.S.C. § 1983 actions for damages against prison …
Article • September 15, 2009 • from PLN September, 2009
Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard by Brandon Sample In what one judge described as a “legal travesty,” on March 13, 2009, the U.S. Court of Appeals for the Sixth Circuit overturned a jury verdict in favor of a prisoner who had been sexually …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions by Punitive Damages Alone Entitles Plaintiff to Attorney Fees under § 1988; Kerr-Selgas Doctrine Does not Apply to § 1983 Actions On January 30, 2009, the First Circuit remanded the …
Adams v. CCA, CO, Plf Res to Def Res to Mot to Strike injuries, prison riot, 2009 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
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