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Pretrial Detainee Has Limited Right to Litigate Civil Matters by The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a state prisoner's claim that he was denied access to court because he was detained in jail on an unrelated criminal matter. In April 1995, …
Article • May 15, 2004 • from PLN May, 2004
Illinois County Necessary Party in Suit Against Elected Official by Illinois County Necessary Party in Suit Against Elected Official In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or …
Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David Reutter Tennessee Officials Pay $450,000 to Settle Lawsuit in Detainee's Murder by Guards by David M. Reutter Wilson County and City of Lebanon, Tennessee, jail officials agreed to pay the widow of Walter Steven Kuntz $450,000 …
Article • May 15, 2004 • from PLN May, 2004
$252,000 Awarded in Kansas Prisoner's Suicide by The suicide of Scotty Ray Sisk, a prisoner at Kansas' Shawnee County Department of Corrections (KDOC) has resulted in an award of $252,000 to his parents. On July 6, 1999, Sharon Sisk called the prison and told guard Joel Manzanares that she thought …
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 …
Article • April 15, 2004 • from PLN April, 2004
Thirty Years in Segregation May State Claim by Michael Rigby The United States Court of Appeals for the Fifth Circuit upheld the denial of prison authorities' motion to dismiss based on qualified immunity because no proper determination was made as to whether prisoners' over 30 years of confinement in extended …
Article • April 15, 2004 • from PLN April, 2004
Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million by Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million On March 9, 2003, the Washington Department of Corrections (DOC) and King County agreed to pay $3.1 million to the family of a woman who was brutally raped and …
California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E Dannenberg California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the policy of the California Department of Corrections (CDC) …
County May Be Liable for Private Prison's Customs and Policies by Bob Williams County May Be Liable For Private Prison's Customs And Policies by Bob Williams The New Mexico federal district court has held that a county could potentially be liable under 42 U.S.C. § 1983 for the customs and …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
Virginia Drug Treatment Program Still Violates Establishment Clause by Virginia Drug Treatment Program Still Violates Establishment Clause A federal district court in Virginia held that the Therapeutic Community Program (TCP) of the Virginia Department of Corrections violated the Establishment Clause of the First Amendment. The court also held, however, that …
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 …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
Missouri Jail Guard Convicted of Urinating on Prisoners, County Settles for $100,000 by The recent sentence imposed on a jail guard exhibits the disparities in physical integrity to which prisoners are entitled. This is revealed upon review of the sentence the guard received for urinating on prisoners and that imposed …
$177,000 Awarded in California Jail Medical Neglect Trial by John E Dannenberg by John E. Dannenberg On March 26, 2003, an Orange County, California Superior Court jury returned a verdict of $77,000 in compensatory damages against Orange County and County Sheriff Mike Carona, plus $100,000 in punitive damages, for ignoring …
$250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner by $250,000 Settlement Paid to Seattle Jail Guard Assaulted by Released Prisoner On July 30, 2002, King County Jail guard Heather Van Vleck, who was assaulted and injured on the job by a violent prisoner just released from state …
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. …
Qualified Immunity Standards Tightened in Prison Murder Suit by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals brought its law of the Circuit into compliance with recent U.S. Supreme Court case law to add the additional test of "knowing unlawfulness" in Eighth Amendment prisoner …
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