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$40,000 To Settle Excessive Force Claim At Los Angeles County Jail by In September, 2004, the Los Angeles County Claims Board (Board) agreed to pay $40,000 to settle an excessive force claim brought by a prisoner injured at the L.A. County Main Jail. On March 17, 2002, prisoner Joseph Amezola …
Article • April 15, 2005 • from PLN April, 2005
Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide by by Robert H. Woodman The Court of Appeals of Georgia, Second Division, affirmed in part and reversed in part the judgment of the Gwinnett Superior Court in a case brought against a prison official, a prison nurse, and other …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both …
Connecticut Woman Gang-Raped In Sheriff's Van Settles Suit For $480,000 by by Michael Rigby The State of Connecticut has paid $480,000 to settle a lawsuit brought by a female prisoner who was gang-raped by male prisoners in the back of a sheriff's van. On August 18, 1999, S.C. was a …
Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause by The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case. …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams The Third Circuit Court of Appeals has upheld the denial of absolute immunity against prison guards who claimed …
Article • February 15, 2005 • from PLN February, 2005
Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E Dannenberg Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E. Dannenberg On June 3, 2002, the Los Angeles (L.A.) County, California Claims Board agreed to …
Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his …
Article • February 15, 2005 • from PLN February, 2005
Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle by Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle A superior court in Suffolk County, Massachusetts, awarded $20,000 to a man who sustained a knuckle fracture when a cell door was allegedly opened without warning. Plaintiff Gary Taylor, 47, was arrested for …
Article • February 15, 2005 • from PLN February, 2005
Texas County, Deputy Settle Sex Assault Case For $50,000 by A woman who claimed she was sexually assaulted by a Kleberg County, Texas, sheriff's deputy has settled her civil rights lawsuit against the county and the deputy for $50,000. On May 16, 2001, Sarah Jean Hernandez, 22, was arrested at …
Jury Awards $500,000 to Massachusetts Jail Guard Harassed for Breaking Code of Silence by by Matthew T. Clarke A Boston federal jury has awarded $500,000 to a guard who was harassed at work by other jail employees after he reported misconduct by another guard. Bruce S. Baron, a former guard …
Article • February 15, 2005 • from PLN February, 2005
Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit by Kentucky Prison Guard Awarded $34,000 in Sexual Harassment Suit On May 27, 2003, a state circuit court in Oldham, Kentucky, awarded prison guard Karen Lemarr a total of $34,000 for the lost wages, embarrassment, and emotional distress she suffered as …
Article • February 15, 2005 • from PLN February, 2005
New Jersey Jail Guard Settles Elevator Fall Suit for $750,000 by On December 15, 2003, Global Elevator Technologies (GET), a company under contract with the Union County (New Jersey) Jail to provide elevator maintenance services, agreed to pay $750,000 to a guard who suffered back and knee injuries in a …
Article • January 15, 2005 • from PLN January, 2005
Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity by The Washington State Supreme Court has held jail personnel have a duty to take steps to promptly release a detainee once they know or should know, based on information provided to them that the person they are holding …
City Settles In Death of Prisoner at CCA-Operated Tulsa Jail by The City of Tulsa, Oklahoma, has agreed to settle its part in a federal lawsuit over the death of a Native American prisoner in the Tulsa Jail. According to the November 7, 2003 settlement, the city will pay the …
Gang Validation in Retaliation for Filing Grievances Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that a state prisoner stated a valid claim under the First Amendment when he claimed that in retaliation for his having filed several grievances, prison officials revisited previously rejected gang …
Washington Jail Settles Wrongful Death Suit For $1.6 Million by Michael Rigby On October 12, 2004, Jefferson County, Washington, agreed to pay $1.6 million to settle a lawsuit arising from the wrongful death of Kevin Bledsoe in the Jefferson County Jail. The settlement is one of the largest ever for …
Article • January 15, 2005 • from PLN January, 2005
Qualified Immunity Denied to Supervising Driver's License Examiner in Oklahoma Prisoner's Rape by David Reutter by David M. Reutter The Tenth Circuit Court of Appeals has held that a state driver's license examiner who exercised supervisory control over a prisoner acted as a state actor and can be held liable …
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