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Use of Pepper Spray States Eighth Amendment Claim by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court's denial of summary judgment for prison guards who pepper sprayed a prisoner and threw him to the ground. In October 1998, prison guards confiscated a radio from the …
Connecticut Prisons Exempt from Patient Bill of Bights by The Connecticut Supreme Court has held that state prisons are not subject to the patients' bill of rights, Connecticut General Statutes §§ 17a-540 through 17a-550. Bryant Wiseman, 28, died at the Garner Correctional Institution on November 17, 1999, apparently while being …
No Qualified Immunity in KY Jail Beating Death by A federal district court in Kentucky held that officials of the Jefferson county jail in Kentucky were not entitled to qualified immunity in a lawsuit by the estate of Adrian Reynolds, a jail prisoner who was beaten to death by jail …
Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money by Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money By David M. Reutter Florida's Department of Juvenile Justice (DJJ) regularly transfers its wards among several programs, resulting in extended terms of incarceration, which has …
Guards Abusing Prisoners in Boston Leads to Jury Awards and Disciplinary Action by by Matthew T. Clarke Widespread reports of guards having sex with, raping, and beating prisoners in Suffolk County (MA) jails have led to the indictment of guards, firing of guards, disciplinary action against-guards, and jury awards against …
Over 600 Prisoners Brutalized by New Jersey Prison Guards by Gary Hunter On April 25, 2003, acting Attorney General Peter C. Harvey announced he would reopen a criminal investigation in which New Jersey prison guards reportedly brutalized over 600 prisoners. When guard Fred Baker was stabbed to death in 1997, …
Sexual Abuse at Haltom City Jail in Texas by by Matthew T. Clarke Allegations of sexual abuse have rocked the North Texas town of Haltom City. The allegations surfaced in March, 2001, when a Fort Worth woman filed a complaint with the Haltom City police stating that jailer Clint Wade …
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Brief • November 8, 2003
Ingles v. Toro, NY, Fourth Amended Complaint - NY DOC Excessive Force Class Action, 2003 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------x ADAM INGLES, SHAWN DAVIS, ED SYKES, MIGUEL ROMAN, AL SMITH, CHARLES PAIGE, JAMAL BUTLER, ANDRE PRATT, ROBERT ALLAWAY, PATRICK WASHINGTON, RANDOLPH JOHNSON, ROGELIO FIGUEROA, PAUL …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
Informal Grievance Procedure Must Be Exhausted Before Filing Suit by The U.S. Court of Appeals for the Third Circuit reversed a district court's denial of summary judgment for prison officials after ruling that prisoners were required to exhaust their administrative remedies before bringing a 42 U.S.C. § 1983 action even …
Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Matthew T. Clarke By paying $500,000 and issuing letters of apology from the Sheriff, Pima County has settled two lawsuits by the survivors of two prisoners beaten to …
Settlement Reached in Beating Death of Florida Prisoner by In October 2002, the sons of a Florida man agreed to settle their wrongful death action, in the U.S. District Court in Pensacola, against several jail guards and the Escambia County sheriff. The amount of the settlement was not disclosed. This …
U.S. v. Verbickas, CO, Opinion, Prison Conditions, 2003 U.S. v. Verbickas, 75 Fed.Appx. 705 (2003) 75 Fed.Appx. 705 This case was not selected for publication in the Federal Reporter. Not for Publication in West’s Federal Reporter. See Fed. Rule of Appellate Procedure 32.1 generally governing citation of judicial decisions issued …
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton After four separate lawsuits were filed by prisoners serving sentences at two North Carolina juvenile facilities alleging a wide range …
Deaths and Beatings Rampant in Texas' Nueces County Jail by Gary Hunter Nueces County Jail in Corpus Christi Texas has become a regular source of dead and beaten prisoners. Ten prisoners have died in the jail between 1996 and 2000. Two cases have already cost the county $2 million and …
Louisiana Guards' Conviction Upheld in Prisoner's Beating by A jury's conviction of three guards at the Louisianan State Penitentiary at Angola in the assault and beating of prisoner Raymond Jackson has been affirmed by the Fifth Circuit Court of Appeals. Sergeant Harrison Daniels was convicted in the assault, and denying …
Massachusetts Jury Awards $175,000 to Beaten Ex-Prisoner by On August 28, 2002, a Worcester (MA) Superior Court jury awarded $175,000 to a former Massachusetts state prisoner who sued the Department of Correction (DOC). The jury also found that the DOC negligently hired and supervised a guard with a known propensity …
Article • July 15, 2003 • from PLN July, 2003
Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by by Matthew T. Clarke On May 1, 2002, two guards and an assistant warden were convicted in federal court of charges relating to the beating of a Philadelphia prisoner. In the latest of a series of settlements for …
Article • July 15, 2003 • from PLN July, 2003
Texas Guard Stabbing Prisoner Not State Action Under § 1983 by The Fifth Circuit Court of Appeals held that a guard's actions in cutting a prisoner with a knife was not under color of state law for purposes of 42 U.S.C. § 1983. Texas prisoner Fred Townsend was working as …
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