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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 …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
Article • January 15, 2005 • from PLN January, 2005
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed by Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for …
Nevada Prisoner Killed in Rec Yard Riot by Nevada Prisoner Killed In Rec Yard Riot On July 13, 2004, racial tension at the High Desert State Prison in southern Nevada erupted into a deadly riot. The fighting, reportedly between Blacks and Hispanics on the rock-strewn recreation yard, left one prisoner …
Article • December 15, 2004 • from PLN December, 2004
Qualified Immunity Granted for Warrantless Parole Search by The Second Circuit Court of Appeals held that parole officers' warrantless entry into a homeowner's residence was per se unreasonable and violated the homeowner's Fourth Amendment right to be free from unreasonable searches. The court further held, however, that the officers were …
New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court, Southern District of New York, held that prison officials violated a state prisoner's civil rights by revoking his temporary release program participation without a hearing …
CMS Must Pay $1.75 Million in Illinois Jail Suicide by John E Dannenberg CMS Must Pay $1.75 Million In Illinois Jail Suicide by John E. Dannenberg Correctional Medical Services (CMS), a private contractor providing all medical and mental health services at the Lake County, Ill. Jail, was ordered by a …
Article • December 15, 2004 • from PLN December, 2004
Wisconsin County Settles Negligent Death Claim for $1.2 Million by Wisconsin County Settles Negligent Death Claim For $1.2 Million On July 24, 2003, Milwaukee County, Wisconsin, agreed to pay $1.2 million to settle a claim arising from a man's death in the county jail. The deceased, former president of the …
New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit by Michael Rigby On May 3, 2004, a federal jury in Manhattan awarded $7.65 million to a New York prisoner who was nearly killed when another prisoner attacked him with a razor. The plaintiff had alleged in his civil rights …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
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