Skip navigation

Search

160 results
Page 8 of 8. « Previous | 1 2 3 4 5 6 7 8 |

Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
New Mexico Supreme court Affirms Dismissal of Phone Rate Suit by New Mexico Supreme Court Affirms Dismissal of Phone Rate Suit The New Mexico Supreme Court affirmed a district court's dismissal of an excessive phone rates case for failure to state a claim. Recipients of collect telephone calls from New …
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Article • July 15, 2002 • from PLN July, 2002
Colorado Denial of Motion to Amend Complaint Reversed by The Colorado Court of Appeals held that provisions of the Colorado Government Immunity Act (CGIA) which precluded a prisoner's claim does not violate equal protection. The court also held that the trial court erred in denying the prisoner's motion to amend …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded by The Tenth Circuit Court of Appeals has upheld a Colorado statute which excludes from waiver of state sovereign immunity those actions brought by prisoners. The Court also reversed summary judgment for a guard who delayed medical treatment for a …
FPI Has Sovereign Immunity in Fraud Action by The D.C. Circuit Court of Appeals has held that Federal Prison Industries, Inc. (FPI) is entitled to sovereign immunity in a qui tam suit brought under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq. Gilbert W. Galvan, a federal …
BOP Medical Personnel Absolutely Immune from Suit by The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
Certificate of Review Mandatory in Colorado Negligence Suits by Bob Williams The Colorado Supreme court has held that prisoners must file a "certificate of review" under Colorado law when suing a licensed professional (LP) for negligence, whether or not the LP is a named party, but that a failure to …
Idaho Prisoners Can Sue for On-the-Job Injuries by The Idaho state Supreme Court held that prison officials were not entitled to summary judgment in an action brought by prisoners for injuries sustained during participation in a prison work program. Prisoners Mark Mead and Jeff Smith were injured in separate accidents …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Private Prison Guard Is State Actor for § 1983 Purposes by Private Prison Guard is State Actor for § 1983 Purposes Afederal district court in New Mexico held that a guard employed by Corrections Corporation of America was a "state actor" acting under "color of state law" when he allegedly …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
Texas Prisons Subject to Civil Liability by ATexas appellate court has held that the prison system was subject to liability when a prisoner slipped and fell in a prison butcher shop. Doyle Dean Cobb, a Texas prisoner, filed a state lawsuit under the Texas Tort Claims Act, Texas Civil Practice …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Page 8 of 8. « Previous | 1 2 3 4 5 6 7 8 |