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Hurricane Rita FTCA Action Dismissed by On September 22, 2009, a federal court in Texas dismissed a Federal Tort Claims Act (FTCA) action brought by one attorney on behalf of more than 400 prisoners who were injured during Hurricane Rita. The plaintiffs were all incarcerated at the U.S. Penitentiary in …
Deplorable Conditions at Los Angeles ICE Facility Result in Settlement by Brandon Sample Being locked up is bad enough. But imagine being held in a basement without basic essentials like drinking water, clean clothes, the ability to shower, a toothbrush and toothpaste, and medical care. Thousands of immigration detainees in …
Doherty v. Marshall, MA, Plaintiff's Appellate Brief, Inhumane Prison Conditions, 2010 Issue Presented Did the superior court abuse its discretion by awarding attorney fees to Plaintiff-Appellee Doherty after the jury found that the DefendantAppellants had caused him and ten other prisoners to live under conditions of extreme squalor and filth …
Article • May 15, 2010
$300,000 Settlement in City of New York Jail Slip and Fall by The City of New York paid $300,000 to settle a prisoner’s lawsuit claiming injuries from unsafe and hazardous conditions. Troy Washington, a prisoner at Riker’s Island Correctional Facility, on November 12, 2004, slipped and fell on water that …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 to Settle Slip and Fall Claim by On July 29, 2002, the County of Sacramento agreed to pay a woman $7,500 who slipped and fell while attempting to use the toilet the Sacramento Main Jail. Denise Gilliatt was moved into a cell that jail …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Article • September 15, 2009
$3,300 Settlement for Cruel and Unusual Punishment by Jail Guards by Washington State’s King County Jail paid $3,298.53 to settle the claim of James D. Wilks, who alleged that he was subject to cruel and unusual punishment in January and February 2002. The complaint alleges that Wilks was not treated …
Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
Article • July 15, 2009 • from PLN July, 2009
$75,000 Settlement for Shutting Off Water in Seattle Jail Prisoner’s Cell by Washington State’s King County Jail has settled a pre-trial detainee’s claim that he was unconstitutionally punished. The Jail settled the matter for $75,000. The basis of the claim was a guard shutting off the water in the prisoner’s …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
Article • June 15, 2009 • from PLN June, 2009
California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John Dannenberg California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John E. Dannenberg Whenever prisoners at California’s Kern Valley State Prison (KVSP) watch the classic 1944 movie Arsenic and Old Lace, they have to swallow hard. That’s because …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Article • May 15, 2009 • from PLN May, 2009
California Prison Fined $40,000 for (Another) Raw Sewage Spill by California Prison Fined $40,000 for (Another) Raw Sewage Spill California water officials fined the California Men’s Colony State Prison (CMC) in San Louis Obispo $40,000 for a 20,000 gallon raw sewage spill into Chorro Creek on January 27, 2008. This …
Article • April 15, 2009 • from PLN April, 2009
Prisons Flush Drugs, Contaminate Water Supply by Mark Wilson Each year, tons of unused pharmaceuticals are flushed by America’s state and federal prisons, hospitals and long-term care facilities, contaminating the nation’s drinking water, according to an Associated Press (AP) investigation. “We flush it and flush it and flush it – …
$3.6 Million Settlement in Michigan Prisoner’s Segregation Cell Death by The family of Timothy Souders has agreed to accept $3.25 to settle a wrongful death claim relating to Timothy’s death. Timothy, 21, was the subject of a May 2007 PLN cover article, and a February 11, 2007, report on 60 …
Article • February 15, 2009
$10,000 Settlement For Ex Federal Prisoner After Slipping In Water by Ex Federal prisoner and Michigan resident William Bonhart brought a federal tort action in 2000 against the U.S. Department of Justice (DOJ) and the Federal Bureau of Prisons (BOP) after slipping in water in 1998 at the Federal Correctional …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
$170,000 Jury Verdict in Sacramento Jail Beating by $170,000 Jury Verdict in Sacramento Jail Beating In April 2008, a federal jury in Sacramento, California returned verdicts against five Sacramento County Jail deputies for beating a prisoner and denying him food and water for eight hours. Although the facts were contested, …
$2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death by A Michigan federal jury awarded $2.75 million to a prisoner’s estate in a case claiming deliberate indifference to serious medical needs. The prisoner, Jeffrey Clark, was having mental health problems and died due to the effects of dehydration and inhumanely hot …
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