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Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail by The County of Los Angeles (L.A.) agreed to pay $700,000 to the mother, and $200,000 to the father, of a 20 year old county jail prisoner murdered in his cell by a free-roaming prisoner against whom he …
Wisconsin Prison Employee Raped By Prisoner Awarded $366,000 by On April 8, 2005, a federal jury awarded $366,000 to a Wisconsin prison employee who was raped by a prisoner. The 51-year-old female plaintiff, a non-security employee of the Wisconsin Department of Corrections was raped by a knife-wielding prisoner on December …
Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity by by John E. Dannenberg The United States Supreme Court unanimously ruled that the private cause of action created by the Americans With Disabilities Act (ADA) (42 U.S.C. § 12131 et seq.), which permits disabled state prisoners …
Article • March 15, 2006 • from PLN March, 2006
New York City Pays $75,000 for 28.5 Days False Imprisonment by On September 8, 2005, the City of New York, New York, settled for $75,000 a prisoner's lawsuit alleging 28.5 days false imprisonment. Plaintiff William Perocier, Jr., a 31 year old tow truck driver, was sentenced to six months in …
New York City Jail Strip Search Suit Settles For $30 Million by by John E. Dannenberg On April 27, 2005, the City of New York agreed to settle a federal court class action 42 U.S.C. § 1983 civil rights suit with 57,634 past misdemeanant prisoners at its city jails, paying …
Article • March 15, 2006 • from PLN March, 2006
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case by Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The court …
Article • March 15, 2006 • from PLN March, 2006
Washington Settles Prisoners Medical Indifference Suit for $370,000 by Washington Settles Prisoners Medical Indifference Suit for $370,000 by Michael Rigby In October 2005, the State of Washington settled for $370,000 a prisoners federal lawsuit in which he alleged that indifferent medical treatment proximately resulted in a stroke that left him …
New York Jail Prisoner Injured In Assault Awarded $750,000 by On July 12, 2005, a New York court awarded $750,000 to a prisoner who suffered ankle and face injuries when he was beaten by other prisoners. While imprisoned at Rikers Island in Queens on February 12, 1995, Joshua Torres, 17, …
Article • March 15, 2006 • from PLN March, 2006
Police Department Class Action Fraud Suit Filed Against Stun Gun Maker by by John E. Dannenberg A class action lawsuit against Taser International, Inc., the Arizona-based manufacturer of police stun guns, was filed on July 18, 2005 in Chicago U.S. District Court on behalf of the Dolton, Illinois police department …
New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000 by On June 3, 2004, ten female prisoners who were allegedly raped by a New Mexico judge and jail guards settled their lawsuit for $890,000. The plaintiffs, who had been confined in the Española City Jail, claimed municipal …
Washington Jail Pays Teenager $400,000 for Rape While Imprisoned by Washington's Franklin County has paid $400,000 to settle a lawsuit brought by a former pretrial detainee who was raped in the Franklin County Correctional Center (FCCC) by another detainee. The civil rights claim brought in a Washington federal court alleged …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
Article • March 15, 2006 • from PLN March, 2006
Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit by Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit A Texas court of appeals has held that a claim that two Texas state prison guards removed a law book from a prisoners …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
Article • March 15, 2006 • from PLN March, 2006
New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted by A New Jersey federal district court has held that a prison policy of opening legal mail outside of prisoners' presence is unconstitutional, but that prison officials are entitled to qualified immunity from damages. This civil rights action was brought by …
Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender by by John E. Dannenberg The County of Los Angeles paid $42,500 to settle a legal malpractice claim brought by a prisoner who suffered state prison plus felony disenfranchisement upon an unlawful conviction. In October 1992, Jose Castro, …
Indiana State Courts Have Jurisdiction In Prisoner Phone Contract Case by Bob Williams In a suit challenging excessive collect call rates charged to prisoners' families, friends and attorneys, the Indiana Court of Appeals has reversed a lower court's dismissal for lack of subject matter jurisdiction. Chanelle Alexander and others (the …
Judge Reduces Damage Award Against PHS In New York Jail Heart Attack Suit by by John E. Dannenberg In July 2005, a New York federal jury awarded $150,000 in compensatory damages and $632,988 in punitive damages to a jail prisoner who suffered permanent disabilities when treatment for his heart attack …
Article • January 15, 2006 • from PLN January, 2006
Feres Doctrine Bars FTCA Actions by by Military Prisoners The Unites States Court of Appeals for the D.C. Circuit held that the Feres doctrine, adopted by the United States Supreme Court in Feres v. United States, 340 U.S. 135 (1950), bars suits brought under the Federal Tort Claims Act (FTCA) …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
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