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$150,000 Paid to Indiana Juvenile Jail Detainee for Sexual Assault by Following an Indiana federal district courts denial of summary judgment to the Marion County Sheriff, the Sheriff settled the matter by giving $150,000 to a pretrial juvenile detainee that was raped in the Marion County Jail (MCJ). Seventeen-year-old Ryan …
Article • May 15, 2006 • from PLN May, 2006
Sixth Circuit Reverses Judgment for EMSA Physician, Remands for Trial by The Sixth Circuit Court of Appeals has reversed a grant of summary judgment to a physician employed by EMSA Correctional Care, Inc (EMSA) in an Ohio pretrial detainees inadequate medical care claim. On October 5th or 6th, 1998, James …
No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims by The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation. In 1984, two Indiana men disappeared. Neither the men nor their …
Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable by David Reutter Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable by David M. Reutter A Michigan federal district court has held that the practice of removing the clothing of unruly pretrial detainees and …
Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
Article • April 15, 2006 • from PLN April, 2006
Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi by Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsible for Negligence of Prisoner Laborers In an unpublished opinion, the Washington Court of Appeals held that a trial court erred in dismissing a …
Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by John E. Dannenberg Reversing the U.S. District Court (D. Colo.), the Tenth Circuit U.S. Court of Appeals held that a review of the record showed that female prisoners …
Abrahamson v. CCA, CO, Complaint, Crowley riot failure to protect, 2006 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiff(s): JASON M. ABRAHAMSON, JARED ADAM, WILLIAM …
Abrahamson v. CCA, CO, Amended Complaint, Crowley riot failure to protect, 2006 DISTRICT COURT, COUNTY OF CR0 WLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 A COURT USE ONLY A Plaintiff(s): JASON M. ABRAHAMSON, JARED …
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 …
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