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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 …
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 …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
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
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
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 …
County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …
$210,000 Awarded in Virginia Jail Conditions Suit by The court of appeals for the Fourth circuit affirmed a district court in Virginia's order denying qualified immunity and judgment notwithstanding the verdict to Virginia jail officials. Virginia jail prisoners filed suit claiming overcrowding, poor sanitation, understaffing, and lack of a law …
Article • December 15, 2003
Contract Physician Not Acting Under Color Of State Law by The U.S. Court of Appeals for the Fourth Circuit held that a part-time contract physician was not acting under color of state law for purposes of § 1983 when treating a prisoner. Plaintiff Quincy West, a North Carolina state prisoner, …
Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements by David Reutter Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements By David M. Reutter The Second Circuit Court of Appeals has held that prison officials, in assessing the reliability …
Religious Garments May Be Worn During Prisoner Transport by Bob Williams By Bob Williams The United States District Court for the District of Colorado rejected a plea for qualified immunity by the Colorado Department of Corrections (CDOC) over their refusal to transport a Jewish prisoner while wearing religious Garments. Russell …
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