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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 …
NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case by The Ninth Circuit Court of Appeals held that a prisoner who voluntarily participated in testicular radiation experiments while in prison did not establish a Federal Tort Claims Act (FTCA) violation. The court also held that the prisoner did …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner by The U.S. Third Circuit Court of Appeals reversed the U.S. District Court (New Jersey) on its dismissal of a pretrial detainee's state law medical malpractice claims and summary judgment for jail defendants of the detainee's claims under 42 …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee by The California Supreme Court ruled that California Govt. Code § 844.6(a)(2) [governmental immunity for injury to prisoner] prevented a city jail detainee who had been beaten by another drunk tank prisoner from maintaining a …
Nassau County NY Settles Prisoner's Beating Death Suit for $7.75 Million by On March 31, 2003, Nassau County, New York agreed to settle a suit brought in the wake of the beating death of Thomas Pizzuto at the hands of guards at the Nassau County Correctional Center. The $7.75 million …
$900,000 Settlement in California Alcoholic's Jail Death From "DTs" by The County of San Joaquin agreed to pay $550,000, and the City of Lodi, California, $350,000, in a March, 2003 settlement of the 42 U.S.C. § 1983 complaint by the surviving children of a 31 year-old detainee with a long …
Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court by Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court The Seventh Circuit U.S. Court of Appeals remanded a prisoner's respondent superior (supervisory) medical negligence claim to the Indiana state courts, because although the claim was not …
Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated by Reversing the Supreme Court of South Carolina, the United States Supreme Court, in a unanimous decision, held that 28 U.S.C. § 1367(d) is constitutional. The decision reinstates a judgment against a South Carolina county jail in a wrongful death claim. …
No Constitutional Right to Privacy for Naked Woman Arrestee by In a 2-to-1 decision, the U.S. Court of Appeals for the Eighth Circuit reversed a U.S. District Court's grant of relief on three federal privacy claims but upheld judgment under state law for an Iowa arrestee who was strapped naked …
Maryland Detainee Chained to Pole Awarded Damages, but No Fees by The U.S. Fourth Circuit Court of Appeals has affirmed in part a jury award of damages against Maryland police officers who left an arrestee tied to a pole in a deserted parking lot. The court also affirmed denial of …
Article • January 15, 2004 • from PLN January, 2004
Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps by Massachusetts Constitution Entitles Prisoners to Wear Kufi Caps A Massachusetts Appellate Court has held Article 46, §1 of the Amendments to the Massachusetts Constitution allows prisoners to possess and wear kufi caps. Saifullah Abdul-Alazim, a prisoner at the Massachusetts Correctional Facility …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations by A Texas state court of appeals has held that the pendency of a federal civil rights lawsuit on the same matter does not toll the statute requiring Texas state prisoners to file lawsuits in state court within 31 days after …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Injury Report Satisfies Texas Tort Claims Actual Notice Requirement by by Matthew T. Clarke A Texas state court of appeals has ruled that the safety investigation and accident report of an accident in which a prisoner was injured gave the prison system actual notice of the prisoner's claim as required …
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
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