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Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
Loaded on March 15, 2010
published in Prison Legal News
March, 2010, page 44
The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this case involved a claim of deliberate indifference to a prisoner’s serious medical needs.
Filed under:
Misconduct/Corruption,
Medical Misconduct,
Medication,
Seizures,
Failure to Treat,
New Trial Motions,
Appeals,
Municipal Liability.
Location:
Michigan.
In January 2003, ...
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More from this issue:
- The Prison Industries Enhancement Certification Program: Why Everyone Should be Concerned, by Bob Sloan
- From the Editor, by Paul Wright
- First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case, by Matthew Clarke
- Less Than Equal: State officials, including prejudiced human-rights commissioners, block Prisoner complaints, by Lance Tapley
- Prison Labor Bails Out State and County Budgets, by Gary Hunter
- All Eyes On the Court: An Interview with Attorney and Federal Court Monitor Fred Cohen, by Todd Matthews
- Cook County Strip, Body Cavity Searches Held Unconstitutional; Other Suits Pending, by Brandon Sample
- California Cuts Funding for Prop 36 Drug Treatment Programs, by Michael Brodheim
- Michigan Study Shows Incarceration Can Cause Illness in Loved Ones, by Gary Hunter
- Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal
- Sexual Victimization Widespread in U.S. Correctional Facilities, by Brandon Sample
- Certificate of Merit in Medical Malpractice Suits Unconstitutional in Washington State, by Jimmy Franks
- Illinois Prisoners Bilked Out of Millions Through DOC Commissary Surcharges, by Joseph R. Dole
- A Tight Leash: Judges Micromanage Federal Offenders After Release, by Brandon Sample
- Texas Counties Give Up on Probationer Restitution Centers, by Matthew Clarke
- Prisoner Transport Guards Accused of Forcing Prisoner to Perform Sex Acts, by Michael Brodheim
- Call Your Attorney from Jail, Go to Prison, by John Dannenberg
- Washington Sex Offender Relieved of Obligation to Register
- Texas Youth Commission Causes Consternation, Conflict in State Legislature, by Gary Hunter
- Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants, by Brandon Sample
- California Prisoner Settles Medical Suit for $35,000
- California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population, by John Dannenberg
- New Orleans Jail Conditions Found Unconstitutional, by Jimmy Franks
- Jury Awards $80,001 to New Hampshire Prisoner for Guard Beating
- California Prison Erupts, Hundreds Hurt in Riot, Multiple Causes Cited
- In Support of Ending Prosecutorial Misconduct, by Jimmy Franks
- GEO Group Prison Squalor Drives Idaho Prisoner to Suicide: $100,000 Settlement
- South Carolina Prisoner Does Easy Time, by Gary Hunter
- $100,000 Settlement in New York Prisoner’s Slip and Fall Claim
- $750,000 Settlement in Alabama Prisoner’s Heat Death
- Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA, by Brandon Sample
- Shrinking Budgets Force States to Cut Corrections Spending, by Bob Williams
- $60,000 Settlement for Washington Prisoner Injured by Chemical Spill
- GEO Group Buys Just Care For $40 Million
- Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy
- $2.1 Million Awarded in New York Unjust Conviction Claim
- Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida
- Washington DOC Ordered to Pay $174,000 for False Imprisonment
- Canadian Appellate Court Affirms $12,000 Judgment for Prisoner
- Eleventh Circuit Finds Administrative Remedies Unavailable When Prison Official Threatens Retaliation
- $3.1 Million Settlement to Wrongly Convicted Massachusetts Prisoner
- $80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault
- $200,000 Settlement in Florida Prisoner’s Suicide Death
- Texas Prison Guard Gets 24 Months in Federal Prison
- Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit
- Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld
- Massachusetts GPS Program Upheld by State Supreme Court, by Mark Wilson
- Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause, by Brandon Sample
- Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit, by Mark Wilson
- Tenth Circuit Reverses Dismissal of Failure to Protect Suit, by Brandon Sample
- Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death, by Mark Wilson
- Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed, by John Dannenberg
- Texas to Eliminate Centralized Release of Prisoners
- News in Brief:
- Eighth Circuit Rejects Debt Offset of EAJA Fees; Supreme Court to Hear Case, by Mark Wilson
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- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024. Wexford Health Services, Failure to Treat, Attorney Fee Awards, Attorney Fees (PLRA), Damages - Punitive.
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- $2 Million Settlement in Death of Mentally Disabled Detainee Stripped of Anti-Seizure Device at Colorado Jail, July 1, 2024. Correct Care Solutions, Seizures, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Medical Examiners’ Biased Manner of Death Determinations Sending Innocent People to Prison and Exonerating Bad Cops, June 15, 2024. Police Misconduct, Medical Misconduct, Government Misconduct, Forensic Sciences, Police/Govt Misconduct.
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- $7 Million Settlement for Mentally Ill Detainee’s Death in California’s Santa Rita Jail, June 1, 2024. Medication, Private Contractors, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Alabama Woman Jailed for “Fetal Endangerment” Sues After She Was Forced to Give Birth Alone in Jail Shower, May 1, 2024. Medical Misconduct, OB/GYN, Failure to Treat.