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New Jersey: Prisoner Attacked, Rendered Quadriplegic, Settles For $9,700,000 by A former prisoner in the Burlington County (New Jersey) Jail, rendered quadriplegic when his neck was broken in an attack by another prisoner, settled with the county and state individually for a combined total of $9,700,000. Timothy Ryan, 32, was …
No Qualified Immunity in KY Jail Beating Death by A federal district court in Kentucky held that officials of the Jefferson county jail in Kentucky were not entitled to qualified immunity in a lawsuit by the estate of Adrian Reynolds, a jail prisoner who was beaten to death by jail …
Article • December 15, 2003
Nevada DOC Using Transport Vans Subject To Rollover by The Nevada Department of Corrections (DOC) continues to use 15-passenger vans to transport prisoners despite being prone to rollover accidents. The National Highway Traffic Safety Administration (NHTSA) has banned the sale of such vans to schools because more than half of …
Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Article • December 15, 2003
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Article • November 15, 2003 • from PLN November, 2003
Pepper Spray Drift Injury Can Be Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where guards' pepper spraying of combatant prisoners in one cell did not violate their Eighth Amendment rights against cruel and unusual punishment, the drift of the …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532 by The Arizona Court of Appeals upheld a jury verdict awarding a prisoner compensatory damages totaling $440,532 and punitive damages totaling $195,000, against Maricopa County, Sheriff Joseph Arpaio, his wife, and other defendants, for failing to protect him from …
Article • November 15, 2003 • from PLN November, 2003
Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide by Correctional Medical Services (CMS), a private provider of medical services to jails and prisons, lost a jury verdict in a case brought by a former Lake County, Illinois, Jail prisoner's estate alleging that CMS violated the prisoner's constitutional rights, …
Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim by The Washington State Supreme Court upheld a trial court's judgment for the State in a negligent parole supervision case, brought by a woman who was abducted and raped by a paroled sex offender. In 1993, Byron Schref was paroled …
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Guard Awarded $515,813 Against Private Medical Provider by A Florida Jury awarded a Martin County Jail guard, Ronald Keeler, $515,813 against a private medical provider. Keeler sued Correctional Physician Services (CPS), who provided medical care to jail prisoners, and New Horizons of the Treasure Coast, Inc., who was a subcontractor …
Article • October 15, 2003 • from PLN October, 2003
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
Article • October 15, 2003 • from PLN October, 2003
Survivors of North Carolina Jail Fire Settle for $1.94 Million by On January 9, 2003, Mitchell County (NC) Superior Court Judge Marlene Hyatt approved a settlement in which the families of the eight fatalities and the nine survivors of the May 3, 2002, Mitchell County Jail fire will split $1.94 …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Article • September 15, 2003 • from PLN September, 2003
Mediation Costs Not Taxable in §1983 Suit by Mediation Costs Not Taxable in §1983 Suit The U.S. Eighth Circuit Court of Appeals held that state officials named as defendants in a prisoner's civil rights suit could not be taxed costs for mediation. The decision reverses the U.S. District Court for …
Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Arizona's Pima County Settles Prisoner Beating Death Lawsuits for $500,000 by Matthew T. Clarke By paying $500,000 and issuing letters of apology from the Sheriff, Pima County has settled two lawsuits by the survivors of two prisoners beaten to …
Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright On June 17, 2003, Seattle federal district court judge Robert Lasnick issued a permanent …
Settlement Reached in Beating Death of Florida Prisoner by In October 2002, the sons of a Florida man agreed to settle their wrongful death action, in the U.S. District Court in Pensacola, against several jail guards and the Escambia County sheriff. The amount of the settlement was not disclosed. This …
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