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$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
Article • May 15, 2007
Kentucky Pschiatrist Gets Qualified Immunity in Forced Medication Suit by In April of 2003, Anthony Hills was in a Kentucky jail on state burglary charges. He was sent to the Kentucky Correctional Psychiatric Center (KCPC) for evaluation. He told Dr. Robert Sivley that God told him that the burglary victim …
Qualified Immunity for Sex Offender Cavity Searches by The plaintiff sex offenders alleged that they were harassed because of their status and were subject to retaliatory body cavity searches. Injunctive relief was not appropriate because there was no allegation that the misconduct was ongoing. Declaratory relief is inappropriate for the …
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 …
Hearing Officer Immune in Barring Witness Questioning by The plaintiff was disciplined, on appeal the tape of the hearing was damaged and unintelligible, so the charge and incident were expunged. The officers who reported the plaintiff's conduct did not violate the plaintiff's rights. At 791: ". . . [A] correctional …
No Immunity For Cop Who Sprays Woman With Pepper Spray in Patrol Car by The plaintiff alleged that a police officer sprayed her with pepper gas while she was under arrest for a minor offense and secured in the back of a patrol car, separated from the officer by a …
Article • May 15, 2007
Mentally Ill Prisoner's Dehydration Death Disputed by The decedent, held in a prison mental health unit, died of severe dehydration after the water to his cell was turned off as a response to his flooding his cell believing that he smelled smoke. Four days later he was sent to an …
Article • May 15, 2007
$95,000 Settlement in Guards Dropping Prisoner Suit by After being involved in a fight with another prisoner at Georgia's Youth Detention Center in Atlanta, guard intervened and attempted to carry prisoner Mark Thomas back to his cell, carrying him by each guard holding a limb. Two of the guards lost …
Article • May 15, 2007
No Qualified Immunity to Virginia DOC Officials in Smoking Suit by The plaintiff, a non-smoker with a respiratory condition, was double-celled over his objection with a habitual smoker of cigars. In response to his grievance, he was moved to a unit for "troublemakers" and assigned to a cell with a …
Releasing Disabled Prisoner into Cold Weather Upheld by The plaintiff alleged that he was released in January into freezing cold temperatures without a coat or a ride home, despite his disability. The plaintiff's ADA claim is dismissed based on sovereign immunity, since Title II of the ADA is not congruent …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Article • May 15, 2007
Sheriff Not Liable for Slip and Fall in Showers by The plaintiff didn't exhaust because, he says, he was unaware of the requirement. His claim is dismissed with prejudice, since he is no longer in the jail and remedies are unavailable. The plaintiff failed to allege that the Sheriff was …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
No Immunity for Jail Guards Who Beat Diabetic Prisoner by The plaintiff was stopped for a bicycle infraction and then arrested for an unpaid parking ticket. He told the arresting officer and the jail nurse that he was diabetic, felt ill, and needed to eat as soon as possible. Instead …
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 …
Qualified Immunity for Mental Hospital Officials Holding Patient in Segregation by The plaintiff was found not guilty by reason of insanity of murdering and mutilating his girlfriend. He was ordered to be admitted to a hospital for evaluation, but he wasn't for a long time because officials deemed him dangerous …
Article • May 15, 2007
Georgia Detainee's Excessive Force Suit Dismissed by Allegations that the plaintiff was pushed repeatedly in connection with his arrest do not state a Fourth Amendment claim, since they did not result in injury, even though the alleged pushes were entirely gratuitous. Allegations that a deputy handcuffed the plaintiff without justification …
Article • May 15, 2007
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
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