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Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
Prisoner Entitled to Be Present During Opening of Legal Mail Addressed to Him by Prisoner Entitled to Be Present During Opening of Legal Mail Addressed to Him The Seventh Circuit Court of Appeals held that a prisoner's 42 U.S.C. §1983 action that alleges prison officials opened his legal mail outside …
Article • May 15, 2007
$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …
Article • May 15, 2007
State Tolling Statute Must be Applied to §1983 Suits by State Tolling Statute Must be Applied to §1983 Suits The United States Supreme Court has held that a federal court applying a state statute of limitations to a prisoner's federal civil rights action should give effect to the State's provision …
Article • May 15, 2007
Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months by Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months The Seventh Circuit Court of Appeals held prison officials were entitled to qualified immunity for delaying the plaintiff's marriage for over 12 months. This action …
Article • May 15, 2007
$1,000,000 Award for Crude, Nonconsensual Finger Amputation by On May 22, 2001, a South Carolina jury awarded $1 million to a state prisoner who claimed that after he traumatically severed his ring finger in a slip and fall accident, a prison doctor crudely amputated the residual bone at the prison …
$1,063,000 Verdict in Florida Prisoner's Wrongful Death by This action was brought by the estate of decedent, who was in his 30's, alleging improper characterization of prisoners and negligent food distribution. The decedent was placed in a cell with a convicted murderer. A dispute erupted over orange juice. The ensuing …
$1,135,000 Paid to Massachusetts Prison Guard for Rape by A Massachusetts prison guard in her 20's was working at MCI- Shirley when a prisoner defeated his cell's locking mechanism and brutally beat and raped her. She sued the manufacturer and contractor of the precast modular jail cells. There was a …
Article • May 15, 2007
Filed under: Medical, Appendicitis
$2,000 Paid in Washington Prisoner's Medical Negligence Claim by While at the Washington Correction Center for Women, Monica Grimmett had experienced stomach pain. When she went to sick call complaining of severe pain, she was told she was ovulating and given Maalox. Two days later, she requested emergency clinic and …
Prison Liable in Denying Bone Marrow Transplant by The court of appeals for the Eighth circuit held that prison officials can be held liable for promulgating policies that deny treatment to prisoners suffering from fatal illnesses, even when the prison has contracted out its medical care to a third party. …
Article • May 15, 2007
$22,000 Paid in WA Guard's Sexual Harassment Suit by Lisa L. Wikstrom, a guard at the Clallam Bay Correctional Center, was subjected, upon her hiring in 1994, to sexual conversations, comments, improper physical sexual contacts, sexual touching, direct sexual demands and requests, discussions concerning the harassing supervisors sexual lives and …
$15,000 Paid in WA DOC Employees Sexual/Racial Discrimination Suit by Norma Gellineau, an employee at the State Penitentiary at Walla Walla was subjected to comments of an inappropriate nature by Al Breneman. He made references to condoms, touched Gellineau's breast on one occasion, made lewd comments about her not wearing …
Article • May 15, 2007
Partial Vacation And Reversal In Federal Seg Case by The Court of Appeals for the Seventh Circuit partially vacated and partially reversed orders in the case involving expungement of record of, confinement to segregation, and with regard to damages, a remand to resolve the issue of timely service, issues of …
Article • May 15, 2007
Dismissal of Double-Celling, ETS Claims Vacated in Part by The U.S. Seventh Circuit Court of Appeals partly vacated a Wisconsin federal district court's dismissal of a prisoner's federal civil rights suit claiming Eighth Amendment violations by state prison officials. Quordalis V. Sanders, a Wisconsin state prisoner currently housed at the …
New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination by New York Guard Awarded $120,000 for Hostile Work Environment From Racial Discrimination A New York federal jury has awarded a guard $120,000 in his claim that fellow guards created a hostile work environment for him because he …
Factual Issues Preclude Summary Judgment on Eighth Amendment, ADA Claims by A U.S. district court dismissed a .prisoner's First Amendment and retaliation claims but held that summary judgment of his Eighth Amendment and ADA claims was precluded by remaining issues of fact. A Michigan state prisoner brought §1983 action against …
Illinois Prisoner's Suit Dismissal Affirmed, Strike Reversed by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Central District of Illinois, held that state prison rules did not create a liberty interest in minimum-security and work-release placement and Illinois law did not create a reasonable expectation of …
Article • May 15, 2007
Pro Se Complaints Held to Less Stringent Standards by The Supreme Court held that pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers. Francis Haines, an Illinois state prisoner, filed suit under 42 U.S.C. § 1983, against Illinois prison officials, seeking damages …
Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing by Habeas Granted for Failing to Present Witness Testimony at Disciplinary Hearing The Seventh Circuit Court of Appeals has held that a prisoner is entitled to have live testimony presented at a prison disciplinary hearing, and prison officials' refusal …
Article • May 15, 2007
$12,000 Paid in D.C. Prisoner's Beating by Guard by Jeffrey Jones was arrested for disorderly conduct in the District of Columbia. A prison guard beat him and hung him on the wall by his shorts for no reason. Jones sustained a broken jaw and broken ribs, and when he was …
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