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Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
Audit Shows Folsom Prison Mismanaged by Gary Hunter In December 2001, the state inspector general concluded an excoriating audit of a city-run prison in Folsom, California. The audit was the result of a six-month investigation that met a great deal of resistance from Folsom officials. It "revealed deteriorating buildings, broken …
Article • September 15, 2002 • from PLN September, 2002
Hemorrhoids: A Serious Medical Condition by A federal district court in Illinois has denied a motion to dismiss a complaint for the failure to alter treatment for a prisoner's hemorrhoid problem. Prisoner Brian Jones brought a 42 U.S.C. § 1983 action against six medical doctors at Illinois' Stateville and Joliet …
Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review by The Sixth Circuit Court of Appeals has ruled that it is without jurisdiction to hear an interlocutory appeal on qualified immunity issues where material facts are in dispute. The Court of Appeals let stand most of a …
Article • September 15, 2002 • from PLN September, 2002
No Qualified Immunity for Guards Who Failed to Provide CPR by No Qualified Immunity for Guards who Failed to Provide CPR The U.S. Court of Appeals for the Eighth Circuit struck down a district court's grant of qualified immunity and summary judgment in favor of three Nebraska prison guards who …
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D..) awarded an asthmatic Michigan state prisoner $36,500 in compensatory damages and $18,250 in punitive damages after a bench trial determination that Michigan Department of Corrections (DOC) wardens had …
Oklahoma Jailhouse Informants Settle Failure to Protect Suit for $80,000 by Federal prisoners Curtis Sherfield and Hugh Grayson, who were being held at the Oklahoma County jail on federal drug charges, were given a total of $80,000 in December 2001 to settle their lawsuit against the county after they were …
Remand Defeats Georgia DOC's Attempted 11th Amendment Immunity Bar by John E Dannenberg by John E. Dannenberg The US District Court (M.D. Ga.) remanded a state prisoner 42 USC §1983 medical indifference civil rights suit back to state court because under state law, defendant Georgia Dept. of Corrections (DOC) could …
Article • August 15, 2002 • from PLN August, 2002
Nevada Juvenile Road Accident Kills Six, Settles for $3.5 Million by Six Nevada teenagers in a juvenile offender program working to pay off fees and restitution in lieu of doing time in a detention center were struck and killed in March 2000 as they picked up trash on a freeway …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Article • July 15, 2002 • from PLN July, 2002
Colorado Denial of Motion to Amend Complaint Reversed by The Colorado Court of Appeals held that provisions of the Colorado Government Immunity Act (CGIA) which precluded a prisoner's claim does not violate equal protection. The court also held that the trial court erred in denying the prisoner's motion to amend …
Article • July 15, 2002 • from PLN July, 2002
No Jurisdiction for Interlocutory Appeal Over Medical Treatment by The Court of Appeals for the Eighth Circuit has held that it lacks jurisdiction to hear an interlocutory appeal filed by a prison doctor. Maurice Moore, an Iowa state prisoner, filed suit, under 42 U.S.C. § 1983, against a prison doctor …
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
Article • July 15, 2002 • from PLN July, 2002
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal by For want of jurisdiction, the Tenth Circuit Court of Appeals has dismissed the interlocutory appeal of a Bureau of Prisons (BOP) medical director from a district court's denial to the director of summary judgment based on qualified immunity and a …
Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment by The United States District Court for the District of Columbia has partly granted, and mostly denied, the defendants' motions for summary judgment on a District of Columbia (D.C.) prisoner's claims that he was racially discriminated against by the defendants' arbitrary handling …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Ex-Ohio Sheriff's Deputy Wins $650,000 Verdict Against CMS for Prisoner Escape by Franklin County (Ohio) prisoner Alva Campbell was escorted to court in April 1997 while in his wheelchair, unable to walk. He was not handcuffed or otherwise restrained and was being guarded only by then-Franklin County Deputy Sheriff M. …
Summary Judgment Denied in Ohio Jail Booking Fee Challenge by Robert Woodman In a case of first impression, an Ohio Federal District Court denied summary judgment to the Hamilton County [Ohio] Sheriff and the Hamilton County Board of Commissioners in a former jail prisoner's challenge to Hamilton County's assessment of …
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