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Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
No Qualified Immunity Defense for Florida Beatings by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that prison guards at the Florida State Prison (FSP) who beat prisoner David. C. Skrtich are not entitled to dismissal. Two of the defendants, Timothy A. Thornton and …
Psychologist Not Qualifiedly Immune in Prisoner Suicide Suit by John E Dannenberg by John E. Dannenberg The Sixth Circuit US Court of Appeals ruled that a prison psychologist's awareness of a prisoner's potential for suicide was sufficient to defeat the psychologist's qualified immunity defense in a 42 U.S.C. § 1983 …
Article • April 15, 2003 • from PLN April, 2003
$4.47 Million in Washington Negligent Supervision Settlements and Verdicts by Washington State recently settled or was found liable in three separate law suits alleging that it negligently supervised probationers or parolees. Negligent supervision cases are not new in Washington. Since 2000, the State either settled or was ordered to pay …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Article • April 15, 2003 • from PLN April, 2003
Florida Jury Awards $390,000 Over Defective Prison-Produced Chair by A Pinellas County (Florida) jury found that an office chair assembled by the Florida DOC's prison industries was defective, and the proximate cause of a state office worker's injuries. The jury awarded the woman $390,000 in damages; however, the recovery was …
Rehabilitation Act, Title II of ADA, Held Unconstitutional by In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do …
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 …
Article • April 15, 2003 • from PLN April, 2003
Warden, Security Director Liable for Iowa Guard's Sexual Assault of Prisoner, $45K Verdict Upheld by Affirming the judgments of the United States District Court for the Southern District of Iowa, the Eighth Circuit Court of Appeals upheld the jury verdict and the denial of post-trial motions in a case awarding …
Denial of Nation of Islam Literature Unconstitutional by David Reutter by David M. Reutter The Third Circuit Court of Appeals held that prison officials' refusal to allow prisoners to receive Nation of Islam literature was unconstitutional, but prison officials were entitled to qualified immunity from money damages for their illegal …
Article • March 15, 2003 • from PLN October, 2004
New York Court Awards Prisoner $180,000 in Slip and Fall by On June 3, 2003, a court of claims in Rochester, New York, awarded prisoner Samuel K. Tambe $180,000 for injuries he sustained when he tripped over an elevated sidewalk slab at the Groveland Correctional Facility in Sonyea, New York. …
Suits Against Individual State Employees Available Under ADA by Suits Against Individual State Employees Available under ADA The U.S. Court of Appeals for the Eighth Circuit reversed two separate district courts and ruled that under Title I of the Americans with Disabilities Act (ADA), state employees can be sued in …
Thaddeus-X Standard Retroactive Except for Qualified Immunity Defense by Bob Williams Thaddeus-X Standard Retroactive Except For Qualified Immunity Defense by Bob Williams A federal district court in Michigan has held that the Thaddeus-X standard, rather than the "shocks the conscience" standard, is applicable to claims of guard retaliation for prisoners …
Maryland Pays $700,000 to Settle Suit Over Murder Committed by Parolee in Colorado by In May 2002, the State of Maryland agreed to pay $700,000 to a Denver woman whose daughter was murdered by a parolee released from a Maryland prison and sent to a drug treatment center in Colorado. …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
Article • March 15, 2003 • from PLN March, 2003
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached by The Ninth Circuit US Court of Appeals held that veterans benefit funds deposited to a state prisoner's prison trust account could not be attached by prison authorities, even to pay an overdraft they accorded him for dental appliances he …
Third Circuit Sets High Standard for Supervisory Liability by by Matthew T. Clarke The court of appeals for the Third Circuit has set a very high standard for proving supervisory liability in a case involving a guard who repeatedly sexually assaulted female juvenile prisoners over the course of several years. …
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