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Article • October 15, 2006 • from PLN October, 2006
EMSA, Florida County to Pay $500,000 for Untreated Ectopic Pregnancy by Michael Rigby Broward County, Florida, and EMSA Correctional Care, Inc., must pay $500,000 to a county prisoner who suffered permanent injury and weeks of unnecessary pain because jail medical personnel failed to diagnose or treat her ectopic pregnancy, a …
Article • October 15, 2006 • from PLN October, 2006
No Qualified Immunity for Arkansas Detainees Miscarriage by No Qualified Immunity for Arkansas Detainee's Miscarriage The Eighth Circuit Court of Appeals affirmed a lower court's denial of qualified immunity to jail officials who denied medical care to a female detainee, causing a miscarriage of her 4-5 month old fetus. Talisa …
$470,000 Paid in Pennsylvania Jail Prisoners Seizure Related Death by $470,000 Paid in Pennsylvania Jail Prisoner's Seizure Related Death The Estate of a Pennsylvania prisoner has settled its civil rights action alleging Eighth and Fourteenth Amendment violations for the wrongful death of Virginia Brejcak, 42, at the Bucks County Correctional …
$500,000 CCA Escape/Hostage Damage Award Upheld by The Tennessee State Court of Appeals upheld a $500,000 compensatory damage award against Corrections Corporation of America (CCA), to a woman who was taken hostage by an escaped CCA prisoner. Mike Settle was a prisoner at Hardeman County Correctional Facility (HCCF), a CCA …
Article • September 15, 2006 • from PLN September, 2006
Florida County Bucks Paying $300,000 in Prisoner Medical Bills by Florida's Brevard County has been sued by three local hospitals seeking payment for medical care rendered to prisoners who incurred injuries during their arrests. The County refused to pay, arguing the detainees technically were not in custody at the time …
Article • September 15, 2006 • from PLN September, 2006
Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim by A federal court in South Carolina found that prison officials were deliberately indifferent to an asthmatic prisoner's medical condition by exposing him to environmental tobacco smoke (ETS), from February 1999 to November, 2001. The court awarded $3,200, or $100 a …
No Qualified Immunity for Retaliatory Transfer; Jury Awards $219,000 in Damages by The Sixth Circuit Court of Appeals has held that a guard is not entitled to qualified immunity for initiating a retaliatory prison transfer against a prisoner who had complained to the guards supervisor that the guard failed to …
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 …
$100,000 Settlement For Black Oklahoma Prisoner Beaten By White Prisoners by Creek County, Oklahoma, has paid $100,000 to a black man who was severely beaten by a group of white prisoners in the county jail. Rameses Gibbs, a black man, was arrested on November 22, 2001, on a misdemeanor charge …
Survivors of Texas Jail Suicidee Win $516,000 Against Phone Provider by Matthew T. Clarke The mother and son of a prisoner who committed suicide by hanging himself from a telephone in his jail cell won a lawsuit against the phone provider. On appeal, the award was upheld, but some of …
Article • August 15, 2006 • from PLN August, 2006
EMSA Negligent In Florida Jail Prisoners Death, County Pays $65,000 by Michael Rigby EMSA Negligent In Florida Jail Prisoners Death, County Pays $65,000 by Michael Rigby On April 1, 2005, a jury in the 19th Circuit Court of St. Lucie County, Florida, found EMSA Correctional Care negligent but not liable …
Article • August 15, 2006 • from PLN August, 2006
No Qualified Immunity for Failure to Perform Timely Liver Biopsy by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed a ruling by the U.S. District Court (N.D. Cal.) that the failure of a prison health care manager to provide a Hepatitis-C positive (HCV+) …
Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Award by In a 6-3 decision, the Washington Supreme Court reaffirmed its earlier holdings that the state may be held liable for negligent supervision of offenders. However, the court vacated a $22.4 million verdict resulting from a 2000 …
Article • June 15, 2006 • from PLN June, 2006
Qualified Immunity Denied in Illinois Jail Rape Case by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity for failing to protect a pretrial detainee from being raped by his cellmate. In 1999, David Velez was confined in the Milwaukee County, Wisconsin Jail. In late August, Velez …
Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor by The Alabama Supreme Court denied class certification and sidestepped ruling on the merits of a prisoners claim that prison officials illegally contracted out his labor to a private company. Before the Court was the appeal of prisoner Darrell …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000 by Joan G. Crumpler Wilkes County, Georgia and Integrative Detention Health Services, Inc. (IDHS) paid $500,000.00 for settlement of a wrongful death suit alleging negligent medical care, deliberate indifference to serious medical needs, and wrongly allowing a …
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 …
Article • May 15, 2006 • from PLN May, 2006
Laundry Slip and Fall Injury Reaps New York Prisoner $95,000 by Laundry Slip and Fall Injury Reaps New York Prisoner $95,000 A New York Court of Claims has awarded state prisoner Laurie Kellogg $95,000 for injuries sustained from a slip and fall accident in a laundry room at Bedford Hills …
Article • May 15, 2006 • from PLN May, 2006
West Virginia Prisoner Sued By Victims Mother Following $50,000 Award by West Virginia Prisoner Sued By Victims Mother Following $50,000 Award On August 16, 2005, state prisoner Mark Allen Harris was awarded $50,000 for facial injuries he sustained when he fell out of a jail van. Two days - later, …
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