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CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
WA City Liable for Jail Doctor's Negligence by IN 1975, Michael Shea, a prisoner in the Spokane County Jail in Spokane, Washington repeatedly complained of severe back pain. Even though he was in jail for drunk driving after being in an auto accident, the jail physician only treated Shea for …
$1,226,625 Verdict in Wrongful Death of Prisoner on Jail Outing by While participating in an outing of a state sponsored pretrial detention program, the 21-year-old decedent prisoner in this case decided to swim in a reservoir owned by Connecticut's City of Waterbury. The reservoir was off limits to the public, …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
No Policy Needed to Support Municipal Liability Under ADA/RA by A municipal policy need not be shown to support liability under the disability statutes; the statutory term "employer" encompasses any agent of an employer covered by the statute. At 575: "There is no 'deliberate indifference' standard applicable to public entities …
Article • May 15, 2007
Village Failure to Investigate Police Abuse May Create Liability by The plaintiff alleged abusive conduct by a police office. There had been six prior letters of complaint or criticism of the officer's abuse of civilians. At 479: ". . . [A] reasonable jury could infer from these repeated complaints an …
City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Article • May 15, 2007
Arrestee Overdose Suit Dismissed for Lack of Injury by The plaintiff was arrested for domestic violence; there was reason to believe that he had taken an overdose of pills, though he denied it; he was taken to jail, where he started to have symptoms and admitted taking an overdose; he …
Article • May 15, 2007
Jail Insurance Agreements Subject to Discovery by In a jail strip search suit, the court holds that reinsurance agreements between a self-funded insurance pool of counties and its reinsurers are subject to disclosure under Fed.R.Civ.P. 26(a)(1)(D) governing discovery of insurance agreements. See: Tardiff v. Knox County, 224 F.R.D. 522 (D.Me. …
Article • May 15, 2007
Alabama County Commission Responsible for Jail Conditions by The decedent died in jail, allegedly because of a failure to provide adequate medical care, not described. Punitive damages cannot be awarded against the county under § 1983 or under state law. The County Commission cannot be held liable under state law …
Jail Liable for Guard's Rape of Female Prisoner by The plaintiff was sexually abused by a jail officer on two occasions. The plaintiff denied this conduct when jail administrators investigated based on another prisoner's report. She filed a grievance upon leaving the jail and the officer was suspended and a …
Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
Article • May 15, 2007
Municipality May Be Liable Even Absent Employee Liability by Notwithstanding Heller, at 482: "It is possible for a municipality to be held independently liable for a substantive due process violation even in situations where none of its employees are liable." Id. n.3: the court notes that some circuits have rejected …
Article • May 15, 2007
No Liability in Jail Prisoner's Medical Neglect Death by The decedent was found unconscious in his cell. Staff attempted mouth-to-mouth resuscitation, and a physician's assistant attempted "full CPR." The decedent was transferred by ambulance to a hospital, where he was pronounced dead. The cause of death was toxic diffuse goiter. …
County Liable for Miscalculating Detainees Sentence by The plaintiff was denied credit for time served through a record-keeping error arising from the existence of two indictments for the same criminal act. A county policy allegedly prohibited staff from counting days for the same charge under two different court case numbers …
Article • May 15, 2007
City Liable for Tolerating Police Brutality by At 879: The Plaintiff avers that the City violated his constitutional rights by failing to train, discipline, monitor and evaluate officers in the use of force; refusing to adequately investigate citizen complaints of excessive force; exonerating officers accused of improper use of force; …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
Article • May 15, 2007
No City Liability for Policeman's Sexual Assault, Strip Search of Minor by The plaintiff, a minor, was a passenger in a car whose driver was in possession of marijuana. The plaintiff was strip searched at the police station and the officer later made sexual advances toward him and restrained him …
Article • May 15, 2007
$210,000 Awarded in Tennessee Jail Heat Stroke Death by A federal district court in Tennessee awarded $100,000 in compensatory and 110,000 in punitive damages to the children of a prisoner who died of heat stroke in the Chattanooga jail in Tennessee. Court held that jail's failure to take remedial action …
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