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Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
Washington DOC Suffers Yet Another Multi-Million Dollar Negligent Supervision Settlement by Lonnie Burton On May 16, 2001, the State of Washington and King County agreed to pay $5.5 million to the family of a man stabbed to death by a mentally ill man who was mistakenly released from the King …
CCA Guard is "Public Official" Under Bribery Statute by CCA Guard is "Public Official" Under Bribery Statute The Fifth Circuit Court of Appeals affirmed a prison guard's bribery conviction, finding that he was a "public official" for purposes of the federal bribery statute. Shannon Thomas was employed as a guard …
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • December 15, 2001 • from PLN December, 2001
Denial of Treatment for Two Hours Defeats Qualified Immunity by Denial Of Treatment For Two Hours Defeats Qualified Immunity Afederal district court in Alabama has held a detainee's allegations that guards failed to take action on his complaints of chest pains for over two hours defeats qualified immunity. After being …
Texas Jury Awards $70,000 in Prison Stabbing by Ronald Young In May 2001, a federal court jury in Corpus Christi, Texas, held three Texas prison officials responsible for a 1997 attack during which a prisoner at the McConnell Unit was stabbed about a dozen times by another prisoner who had …
Article • November 15, 2001 • from PLN November, 2001
Sandin Retroactive, But Not for Qualified Immunity; BOP Ad Seg Rule Creates Liberty Interest by The Court of Appeals for the Second Circuit held that a federal prisoner's due process rights were violated when he was placed in segregation without notice or a hearing and kept there for some 514 …
Article • November 15, 2001 • from PLN November, 2001
Alaska Supreme Court Reverses Former Prisoner's $2.4 Million Jury Award by The Supreme Court of Alaska reversed a jury verdict and a $2.4 million damage award in favor of a former prisoner who was injured when he fell down a stairway. In February 1994, Carry Johnson was returning to his …
Hawaii Prison Doctors Denied Qualified Immunity by AU.S. district court found that Hawaii state prison physicians were deliberately indifferent to a prisoner's medical needs and were not entitled to qualified immunity. Raymond Kenney filed suit in state court alleging denial of medication to control his seizures while he was a …
Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
Article • November 15, 2001 • from PLN November, 2001
$522,458 Rebate Ordered in California Prisoner Phone Overcharges by John E Dannenberg The California Public Utilities Commission (PUC) ordered MCI Telecommunications Corp. (MCI) to offset $522,458 in overcharges it made between June 14, 1996, and July 12, 1999, on MCI California Maximum Security Calls (i.e., California prisoner collect calls) by …
Qualified Immunity Denied in Washington Rape of Transsexual Prisoner by The Ninth Circuit Court of Appeals has denied a Washington guard's claim of qualified immunity in sexually assaulting a transsexual prisoner. The Court also held the protection afforded by the Gender Motivated Violence Act (GMVA) extends to transsexuals, but upheld …
Article • October 15, 2001 • from PLN October, 2001
Jury Awards $5,000 to Beaten Texas Prisoner by A federal court in Texas has upheld a jury award of $5,000 to a prisoner who was beaten by a guard, denying the guard's motion for judgment as a matter of law. Daniel Glenn Ostrander, a Texas state prisoner, filed suit against …
Article • October 15, 2001 • from PLN October, 2001
Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial by A federal district court in Alabama held that a diabetic pretrial detainee's medical neglect claim required a trial to resolve, overruling the defendants' motion for summary judgment. Wendi Flowers, a severe diabetic, was arrested and booked in the St. Clair …
Damages in Denial of Exercise Suit Reversed by The Seventh Circuit Court of Appeals, in a harshly worded opinion, reversed an Illinois federal district court judgment that a one-year loss of yard privileges suffered by a prisoner in disciplinary segregation was cruel and unusual punishment. Alex Pearson is a prisoner …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Brief • October 15, 2001
Hasan v. Contra Costa County, CA, Appeal Brief, Failure to Train Racial Discrimination, 2001 Nos. 01-15109,01-15448 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAEDHASAN, Plaintiff, v. CONTRA COSTA COUNTY, et aI., Defendants/Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA …
$350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated by John E Dannenberg AU.S. district court jury in Washington, D.C., awarded female D.C. Jail prisoner Sunday Daskalea $350,000 in compensatory damages and $5 million in punitive damages against the District and the Department of Corrections Director, Margaret Moore, for Daskalea's …
Article • September 15, 2001 • from PLN September, 2001
Six Month Denial of Exercise Presents Section 1983 Claim by An Illinois federal district court ruled that a prisoner's claim that he was denied out-of-cell exercise during a six month prison lockdown "present[ed] a cognizable claim despite the penological justification proffered by the defendants." The Court also ruled that Defendants …
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