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Article • May 15, 2007
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
Article • May 15, 2007
11th Amendment Bars Damages Under Rehabilitation Act by Damage claims under the Rehabilitation Act are barred by the Eleventh Amendment. Prior authority holding that the acceptance of federal funds constitutes a waiver of Eleventh Amendment protection under the Spending Clause is overruled by the Supreme Court's decision in College Savings …
Article • May 15, 2007
Nominal Damages Verdict Against Nevada Police Upheld by The plaintiff was arrested, but the district attorney declined to prosecute. The plaintiff then filed an excessive force complaint. The officer accused of excessive force notified the district attorney's office, which then filed misdemeanor battery charges against her. The court affirms a …
South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury by South Carolina Jail Prisoner Awarded $2,000 In Mediation For Work-Related Injury In December 1997, a Horry County, South Carolina, prisoner was awarded $2,000 in mediation for injuries he sustained while working at a county landfill. The prisoner claimed …
Article • May 15, 2007
New York Prisoner Awarded $70,423 for Fractured Femur in Football Fall by In August 1997, a court of claims in Albany, New York, awarded $70,423 to a state prisoner who fractured his right femur on the prison's recreation yard. The injury occurred in September 1992 when the prisoner tripped over …
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 …
Article • May 15, 2007
Female Guard Supervision of Naked Male Prisoners Upheld by The plaintiff challenged the use of female guards to monitor male prisoners in bathrooms and showers even though male guards were not used to monitor women under similar circumstances. The plaintiff's challenge to strip search practices was dismissed by the district …
Article • May 15, 2007
No Liability for Death of Arrestee Who Caused Police Car Crash by The decedent was arrested while drunk and was placed in the back of a police car rear-cuffed. The officer did not shackle his legs, fasten his seatbelt, or close the plexiglass partition between front and back seats. The …
Discovery Materials Presumptively Public by At 1121: "Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows 'good cause' why a protective order is necessary." The fruits of discovery are "presumptively public." "For good cause to exist, the party seeking …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
$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 …
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