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BOP Potentially Liable for Valley Fever Outbreak at Privately-run California Prison by Lonnie Burton by Lonnie Burton On May 20, 2016, the U.S. Court of Appeals for the Ninth Circuit reinstated lawsuits filed by two federal prisoners who had sued the government and two prison contractors for failing to protect ...
Fourth Circuit Reverses Dismissal of FTCA Failure-to-Protect Suit by Matthew Clarke On December 29, 2015, the Fourth Circuit Court of Appeals reversed the dismissal of a lawsuit alleging federal prison officials had failed to properly search prisoners who were placed in a recreation cage where they assaulted and repeatedly stabbed ...
Article • January 10, 2017 • from PLN January, 2017
BOP Prisoner’s FTCA Wage Suit States Cause of Action by In February 2016, the Eleventh Circuit Court of Appeals reversed a Florida district court’s order dismissing a prisoner’s Federal Tort Claims Act (FTCA) complaint that alleged a Bureau of Prisons (BOP) guard had withheld his wages. Before the Court was ...
$12,500 Settlement in D.C. Prisoner’s Negligent Maintenance Suit by The District of Columbia (D.C.) paid $12,500 to settle the lawsuit of prisoner Theodore Jones for injuries sustained for lack of proper maintenance. While at the D.C. Jail on July 31, 2000, Jones was playing basketball on the recreation court when ...
Federal Prisoner Receives $1,000 Settlement in Food Poisoning Case by Lonnie Burton On April 2, 1997, the United States agreed to settle a lawsuit in which a federal prisoner alleged she was poisoned by the food in the prison chow hall and then received inadequate medical care afterwards. The documents ...
Federal Tort Claims Action Dismissal Upheld for Failure to Timely File by Derek Gilna Maria Inamagua Merchan, an undocumented alien awaiting deportation in an Immigration and Customs Enforcement (ICE) detention facility, died while in custody, and her estate brought an action under the Federal Tort Claims Act (FTCA) against ICE ...
Article • July 6, 2016 • from PLN July, 2016
Supreme Court Allows Prisoner’s § 1983 Action after Dismissal of Federal Tort Claim by Derek Gilna In a unanimous decision, the U.S. Supreme Court held on June 6, 2016 that a federal prisoner, Walter J. Himmelreich, could file a § 1983 federal civil rights complaint after the dismissal of his ...
$8,000 Settlement for Medical Maltreatment by BOP; Court Finds Experts Not Required by Derek Gilna Federal prisoner Michael Alan Crooker filed suit under the Federal Tort Claims Act alleging “malicious prosecution, negligence, and medical maltreatment by the United States Marshal’s Service (USMS) and the United States Bureau of Prisons (BOP).” ...
Article • March 31, 2016 • from PLN April, 2016
Seventh Circuit Reverses Dismissal of Terre Haute Prisoner’s FTCA Suit by Derek Gilna Federal prisoner Charles D. Keller filed a lawsuit under the Federal Tort Claims Act (FTCA) against prison officials at the U.S. Penitentiary in Terre Haute, Indiana, seeking damages after he was assaulted by another prisoner. Despite his ...
Publication • February 12, 2016
Torture in US Prisons, American Friends Service Committee, 2011 Torture in United States Prisons Evidence of Human Rights Violations 2nd Edition American Friends Service Committee New York Metropolitan Region Healing Justice Program Edited by: Bonnie Kerness Coordinator, Prison Watch Editorial Assistant: Beth Breslaw Intern, Prison Watch Contents Introduction ……………………………………………………………………………………………………3 Isolation ...
Sixth Circuit Reverses Dismissal of Prisoner’s Bivens Suit against BOP Officials by Derek Gilna Sixth Circuit Reverses Dismissal of Prisoner’s Bivens Suit against BOP Officials by Derek Gilna The Sixth Circuit Court of Appeals has reversed a district court’s dismissal of a prisoner’s suit raising a failure to protect claim, ...
Article • October 19, 2015
$975,000 for Prison Clinic Error to Prisoner’s Estate by $975,000 for Prison Clinic Error to Prisoner’s Estate The Big Sandy Federal Prison settled for $975,000 in August 2012 with the estate of prisoner Timothy Bell before a magistrate judge. A prison doctor, in July 2008, ordered that a “Priority!!!” biopsy ...
Article • September 25, 2015 • from PLN October, 2015
West Virginia Prisoner Wins Over $905,000 in FTCA Claim by Derek Gilna West Virginia Prisoner Wins Over $905,000 in FTCA Claim by Derek Gilna A federal prisoner was seriously and permanently injured when, after fleeing from a prison fight, he slipped in a pool of blood and slammed into a ...
Article • July 7, 2015 • from PLN July, 2015
Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines by Derek Gilna Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines by Derek Gilna It’s not easy to sue the United States for damages. According to the Supreme Court, “The Federal Tort Claims Act ...
Article • March 15, 2014 • from PLN March, 2014
The Federal Tort Claims Act: A Primer by Derek Gilna The Federal Tort Claims Act (FTCA) is outlined in various sections of Chapter 28 of the United States Code, which describe the steps necessary to file and maintain a tort action against the U.S. government. The FTCA is the exclusive ...
Article • March 15, 2014 • from PLN March, 2014
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) ...
Article • June 15, 2013 • from PLN June, 2013
U.S. Supreme Court Reinstates BOP Prisoner's FTCA Suit by J.R. Bloom On March 27, 2013, the U.S. Supreme Court clarified that the scope of the Federal Tort Claims Act's waiver of sovereign immunity for certain intentional torts committed by federal law enforcement officials was not limited to executing searches, seizing ...
Article • April 15, 2013
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit ...
Article • April 15, 2013
Sixth Circuit Holds FTCA Bars False Arrest Claim; Summary Judgment for Media Upheld by The Sixth Circuit Court of Appeals affirmed the dismissal of a Tennessee woman's false arrest claims against the United States. It also affirmed the dismissal of defamation and false light claims against a media outlet. In ...
US Court of Appeals Reverses Federal Employee Assault Claim Against Coworker by The United States Court of Appeals for the Fourth Circuit reversed in March 2012 the sovereign immunity finding of the U.S. District Court, Eastern District of Virginia, and remanded for further proceedings the cause of contract security officer ...
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