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No Hiring Liability for Brutal Arkansas Jail Guards by The plaintiff alleged excessive force. The deputy who allegedly used a "knee drop" on the plaintiff, severing his intestine, has previously been found not entitled to qualified immunity. A deputy who hit the plaintiff several times in the face while he …
Attempted Rape by Cop States Claim by The plaintiff alleged that the defendant police officer stopped him, conducted an unlawful pat down search, handcuffed him, took him to a remote location, and tried to sodomize him. The allegations state a constitutional claim under the Fourth Amendment's protection against unlawful searches …
No Supervisory Liability for Forwarding Complaints about Conditions to Others by The plaintiff complained of excessive force and other abuse. Defendants have not met their burden of showing that the plaintiff failed to exhaust. They submitted the grievance director's affidavit stating that the Central Office Review Committee has no record …
Virginia Prison Warden's Defamation Suit Survives Dismissal Motion by The United States District Court, Western District of Virginia, denied motions by Connecticut newspapers, reporters, and editors to dismiss a Virginia prison warden's suit against the Connecticut defendants after the defendants posted allegedly defamatory news articles on the newspapers' World Wide …
Florida Warden Susceptible to Liability in Valdes’ Murder; Suit Settles for $1,169,923.42 by David Reutter Florida Warden Susceptible to Liability in Valdes' Murder; Suit Settles for $1,169,923.42 by David M. Reutter While former Florida Department of Corrections director James Crosby was never charged in the murder of Florida death row …
Article • August 15, 2006 • from PLN August, 2006
Ohio Woman Raped by Guard Awarded $625,000 by On September 15, 2005, a federal jury in Columbus, Ohio, awarded $625,000 to a woman who was fondled and digitally raped by a guard at the Ohio Reformatory for Women (ORW). In November 1996, while serving a 1-year sentence at ORW for …
Failure to Procure Medical Treatment Suit Proceeds Against Puerto Rican Guard by The First Circuit Court of Appeals has affirmed in part and reversed in part a Puerto Rico District Courts grant of summary judgement to prison officials in a civil rights action alleging failure to render or procure adequate …
Wisconsin Prison Employee Raped By Prisoner Awarded $366,000 by On April 8, 2005, a federal jury awarded $366,000 to a Wisconsin prison employee who was raped by a prisoner. The 51-year-old female plaintiff, a non-security employee of the Wisconsin Department of Corrections was raped by a knife-wielding prisoner on December …
Article • March 15, 2006 • from PLN March, 2006
Washington Settles Prisoners Medical Indifference Suit for $370,000 by Washington Settles Prisoners Medical Indifference Suit for $370,000 by Michael Rigby In October 2005, the State of Washington settled for $370,000 a prisoners federal lawsuit in which he alleged that indifferent medical treatment proximately resulted in a stroke that left him …
Remedial Plan And $427,158 Attorney Fees In Wyoming Failure to Protect Suit by John E Dannenberg by John E. Dannenberg The Wyoming Department of Corrections (WDOC) settled an Eighth Amendment-based class action complaint brought by prisoner Brad Skinner for WDOC's failure to protect prisoners from assault by other prisoners. The …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit by The Eighth Circuit Court of Appeals has affirmed a judgment awarding compensatory damages of $50,000 in a civil rights suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Sexual Predator Civil Commitment Detainee May Not Be Housed In Punitive Segregation by by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California sexual predator civil commitment detainee, while awaiting commitment proceedings, is entitled to conditions of confinement that are not punitive. Oscar Jones was …
Article • October 15, 2005 • from PLN October, 2005
Raped New York Prisoner Awarded $25,000 by On August 17, 2004, a New York court of claims awarded $25,000 to a state prisoner who was raped in the shower. While imprisoned at the Sullivan Correctional Facility in Fallsburg, Donald Ramos received a series of letters from another prisoner who was …
No Qualified Immunity for Michigan Prison Warden in Guard's Murder by The United States District Court for the Eastern District of Michigan, held that Tripett, the warden of the Thumb Correctional Facility in Michigan (TCF), was not entitled to qualified immunity, in a suit brought by the estate of a …
Pennsylvania Jail Prisoner Settles Use-Of-Force Suit For $15,000 by On January 3, 2005, a Pennsylvania prisoner settled his claims of excessive use of force and deliberate indifference against Lackawanna County Prison officials for $15,000. According to the complaint, plaintiff Mario Ludovici was arrested on October 13, 2001, on a warrant …
Colorado Teenagers Raped By Guards Settle For $165,000 Each by Michael Rigby In August 2004, two teenage girls raped by guards at a Colorado juvenile prison settled their lawsuits for $165,000 apiece. Both girls had been imprisoned at the Youthful Offender System (YOS), which is operated by the Colorado Department …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
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