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Article • May 15, 2007
5th Circuit Remands for Reassessment of Attorney Fees by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner's state assault and battery claim was not merged with his § 1983 claim, the district court erred in limiting attorney fees, and the county was liable for attorney …
BOP Guards Conviction for Beating Prisoner Affirmed by The Tenth Circuit Court of Appeals has affirmed the conviction and sentence against a guard at the United States Penitentiary in Florence, Colorado. Escort teams were moving prisoners from their cells to a conference room in order to conduct individual interviews about …
Deputy Not Sheriff, Liable for Assault, Attorney Fees by The U.S. District Court for the Northern District of Texas awarded a jail prisoner $500 in compensatory damages, no punitive damages, and $2,500 in attorney fees plus costs in a case involving a deputy sheriff's assault on the prisoner. Donald Williams, …
Article • May 15, 2007
Award of Nominal Damages Only Affirmed in Excessive Force Suit by The U.S. Second Circuit Court of Appeals affirmed a district court's denial of a plaintiff's motion for new trial following a jury's award of only nominal damages against prison guards charged with use of excessive force on the prisoner-plaintiff. …
Article • May 15, 2007
$1,500 Paid in Beating By WA Guards by George "Fast Eddy" Miller was removed on October 24, 1988, from the visiting area at the State Reformatory at Monroe for suspicion of consuming alcoholic beverages. While in the strip-search room, he advised a guard that handcuffs were not necessary. Miller was …
Article • May 15, 2007
Cook County, Illinois, Settles Wrongful Death Claim for $550,000 by On September 5, 2003, Cook County, Illinois, agreed to pay $550,000 to the estate of a man who was apparently beaten to death by three jailers at theCook County Jail. Louis Schmude, 40, was arrested in May 2000 for violating a …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
Alabama Prisoner Assaulted By Guard Awarded $100 by On June 11, 2003, the U.S. District Court for the Northern District of Alabama awarded $100 to a state prisoner who claimed a previous rib injury was aggravated when he was assaulted by two guards. Harold Ivory, a state prisoner at the …
Article • May 15, 2007
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
Article • May 15, 2007
Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied by Prisoner Civil Rights Claim For Harassment, Retaliation, Feces in Food And Excessive Force Denied Texas state prisoner David Trevino filed a Federal civil rights petition against numerous Texas prison officials for allegedly engaging in harassment, …
Article • May 15, 2007
California Guard Charged with Excessive Force in County Prisoner Death by Greg Fuher, a guard at the California San Joaquin County jail, was charged with assaulting prisoner Mondez Denmon while attempting to subdue him when he allegedly became threatening and assaultive while in custody. A grand jury indicted Fuher and …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Deposition Testimony Admissible in Beating Trial by The Seventh Circuit Court of Appeals held that the defendants in a civil rights action were improperly precluded from entering evidence to support their defense, the deposition of an unavailable witness was properly admitted, and admitted statements of a prisoner to a treating …
Article • May 15, 2007
Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance by Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance Frederick Ray III, a Pennsylvania state prisoner, sued prison guards on several legal theories in federal district court under …
Article • May 15, 2007
$150,000 Paid in Guard's Assault of Florida Jail Prisoner by While held at Florida's Duval County Jail in April 1991, a 39-year-old detainee requested to use the rest room. His second request was granted, but he had to urinate at the far end of the outdoor compound. Later, he had …
Article • May 15, 2007
Guard Beating Nets $18,000 for Florida Jail Prisoner by While imprisoned at Florida's Alachua County Jail in October 1993, a 40-year-old prisoner was thrown to the ground and kicked by a guard. The prisoner incurred cervical strains and sprains. His lawsuit was settled for $18,000. See: Gay v. Allachua County, …
Article • May 15, 2007
$600,000 Verdict in Excessive Force Case to Ohio Jail Prisoner by After being involved in a car accident and arrested for drunk driving, Craig A. Burdine was taken to Ohio's Ottawa County Jail. While being removed from the jail's elevator, Burdine was choked unconscious by Deputy Bruce M. Szilagye. Burdine …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
Door Slamming Suit Dismissed by The Indiana plaintiff complained that an guard slammed a food service slot on his hand. The guard said the plaintiff tried to throw trash through the opening, that he didn't know the plaintiff's hand was in the opening, and it was an accident. The defendant …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
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