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Article • August 15, 2004 • from PLN August, 2004
Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity by Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity The Eighth Circuit Court of Appeals held a guard's delay to prevent a prisoner's suicide is deliberate indifference to serious medical needs. This action was brought by the mother of South …
Article • August 15, 2004 • from PLN August, 2004
No Qualified Immunity in Jail Suicide Attempt by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity to a police officer on a claim of deliberate indifference to an Illinois pretrial detainee's suicide risk. On June 4, 1998, Steven Cavalieri kidnapped his former girlfriend, Stephanie Rouse, and …
Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs by Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's denial of official immunity for boot camp operators who were negligent and deliberately indifferent to a …
No Qualified Immunity for Florida Jail Guards in Prisoner Murder by The U.S. Eleventh Circuit Court of Appeals, in a case involving a Florida pre-trial detainee's death at the hands of a mentally ill co-prisoner, affirmed denial of qualified immunity to two guards at the North Broward Detention Center (NBDC) …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity by Bob Williams Ruling 6-5 en banc in a case of first impression, the Eleventh Circuit has found that Georgia sheriffs act as "arms of the state" and thus as state actors are entitled to Eleventh Amendment immunity …
Adams v. CCA, CO, Exhibits Part 1 Plfs Interviews, Prisoner Riot, 2004 EXHIBIT C_ Part one PARTIAL LIST OIG/CCA INTERVIEWS OF PLAINTIFFS Name Bate Number Sean Andrews Kevin Drum Tommy Romero Carl Yens Jared Adams Oto Fanoali (Fanoali Oto) Roy Gibbens Jay Silva Gerard Glieforst Jeremy Willison Brian Skinner Robert …
Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials by Michael Rigby The United States Fifth Circuit Court of Appeals has vacated and remanded the jury verdict in a Texas prisoner's failure-to-protect suit because the prisoner had not provided evidence supporting a jury finding of deliberate indifference against prison officials. …
No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial by No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment favoring certain prison guards …
Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby A Tennessee Department of Corrections (TDOC) performance audit for the years 1997-2002, released by the state comptroller's office in September 2003, reveals problems with prison staffing, pre-release preparation, and numerous instances of contract violations by private prison contractors. A …
Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served by The Second Circuit Court of Appeals held that the amount of time a prisoner is sentenced to a Special Housing Unit (SHU) rather than the amount actually served is the determining factor to make a qualified immunity …
No Qualified Immunity in Civil Commitment Phone Monitoring by The Ninth U.S. Circuit Court of Appeals reversed summary judgment granted by the U.S. District Court, Western District of Washington, to officials at the Special Commitment Center (SCC) for sex offenders at McNeil Island, Washington. This case is part of ongoing …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
$450,000 Settlement in California Prison Murder Suit by The California Department of Corrections (CDC) agreed on October 15, 2003 to pay $450,000 to settle the civil rights complaint brought by the surviving family of a prisoner murdered by his cellmate. Jeffrey Ford, an effeminate homosexual serving prison time for petty …
Article • June 15, 2004 • from PLN June, 2004
$22 Million Washington Parole Liability Verdict Affirmed, Review Granted by State Supreme Court by $22 Million Washington Parole Liability Verdict Affirmed, Review Granted by State Supreme Court On August 8, 1997, Vernon Valdez Stewart stole a car, sped through an intersection in Tacoma, Washington, and collided with another vehicle. The …
Article • June 15, 2004 • from PLN June, 2004
U. S. Supreme Court Rules Consent Decrees May Be Enforced by In a decision with implications for prisoners' suits, the United States Supreme Court held that consent decrees may be enforced by federal courts. In 1993, mothers of children eligible for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services …
Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg Missouri Guards Liable For Refusing Prisoner's Seatbelt Request by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals permitted a 42 U.S.C § 1983 complaint to proceed against five Missouri Department of Corrections (MDOC) transportation guards for …
Article • June 15, 2004 • from PLN June, 2004
Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 by ( In a prisoner 42 U.S.C. § 1983 suit alleging the brutal beating of a San Quentin prisoner by six guards, United States District Judge Charles Breyer (N.D. Cal.) threatened sanctions against California's State Attorney General Bill Lockyer if …
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded by The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
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