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West Virginia Prisoner Wins Over $905,000 in FTCA Claim
Loaded on Sept. 25, 2015
by Derek Gilna
published in Prison Legal News
October, 2015, page 48
Filed under:
Federal Tort Claims Act.
Location:
West Virginia.
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 metal railing. Following a two-day bench trial in Wheeling, West Virginia, prisoner Terry ...
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More from this issue:
- Trends in Prisoner Litigation, as the PLRA Enters Adulthood, by Margo Schlanger
- Guard Admits Guilt, but Lawsuit Dismissed against Jail Supervisors, by Derek Gilna
- Report on Prosecutorial Coercion in Obtaining Drug Pleas, by Derek Gilna
- Sesame Street Creates Muppet with Father in Jail, by Christopher Zoukis
- Sex Assault Charges against Wiccan Ex-Prison Chaplain Dismissed, by Joe Watson
- New Mexico County Jail Pays $1.5 Million to Mentally Ill Prisoner, by Derek Gilna
- Digital Darkness and Silence for Sex Offenders in the Information Age, by Andrew Extein
- TDCJ’s $100 Annual Fee for Prisoner Health Care Held Constitutional, by David Reutter
- Michigan to Accommodate Religious Rights of Muslim Prisoners, by David Reutter
- 10th Circuit Reverses Dismissal of Halfway House Escape Charge, by Derek Gilna
- Former West Virginia Judge Pleads Guilty, Sentenced, by Joe Watson
- Grand Jury Report: Prisoners in Charge at Mississippi County Jail, by David Reutter
- Chicago City Council Approves Reparations for Police Torture Victims, by Joe Watson
- Texas Prison Guard Union Urges Death Row Reforms, by Christopher Zoukis
- North Carolina Prisons Slow to Change Attitudes about Mentally Ill Prisoners, by David Reutter
- West Virginia Prisoner Wins Over $905,000 in FTCA Claim, by Derek Gilna
- PLN Settles Censorship Suit against GEO Group at Indiana Prison
- Doctor Involved in Botched Oklahoma Execution Unsuccessfully Sued in Federal Court, by Christopher Zoukis
- Understanding Mass Incarceration: A People’s Guide to the Key Civil Rights Struggle of Our Time, by James Kilgore (The New Press, 2015). 272 pages, $17.95 (paperback), by Russ Immarigeon
- New York: Burns from Faulty Steam Cooker Net Prisoner $2,500, by Mark Wilson
- Pennsylvania: $65,000 Settlement for Brain Injury Caused by Guard’s Excessive Force, by David Reutter
- Texas Leads the Nation in Both Executions and Exonerations, by Matthew Clarke
- CCA Prison in Ohio Loses BOP Contract
- PLN Prevails in Censorship Suit against Virginia Beach Sheriff’s Office, by Gary Hunter
- Mississippi Indictments Illustrate Prison Phone Corruption, by Derek Gilna
- Closed Colorado Prison Converted into Homeless Program, by David Reutter
- DC Circuit Denies Appeal of Order to Release Force-Feeding Videos, by Derek Gilna
- California: Private Medical Provider can be Liable for ADA Violations; Class-action Suit Settles, by David Reutter
- Two Kentucky Jail Guards Face Charges in Prisoner’s Death, by David Reutter
- Inside the Small California Town with a Lot of Prisons, but Not Much Opportunity, by Matt Tinoco
- North Carolina Guard Gets Three Months for Killing Prisoner, by Christopher Zoukis
- HRDC and 93 Organizations Ask EPA to Consider Prisoners in Environmental Justice Plan
- Cell Phones Confiscated from Prisoners Given to Charities, by Christopher Zoukis
- Ninth Circuit Finds Forfeited Assets Satisfy Restitution Order; Eleventh Circuit Disagrees, by Derek Gilna
- $36 Million Awarded to Two Men Wrongfully Convicted of Rape, Murder, by David Reutter
- $1.2 Million Award for Failure to Treat New York Prisoner’s Rectal Bleeding, by David Reutter
- Breaking News: CDCR Settles Solitary Confinement Class-Action Suit, by Derek Gilna
- Due Process Violation for “Sham” Reviews During 13 Years in Segregation, by David Reutter
- Hundreds of South Carolina Prisoners Sent to Solitary Confinement Over Facebook, by Dave Maass
- More Jurisdictions Don’t Renew Corizon Contracts – Including Big Loss in New York City, by Greg Dober
- From the Editor, by Paul Wright
- 16 Years of Failure to Treat Neurological Disorder Results in $48,000 Award, by David Reutter
- PLRA Attorney Fee Limits Inapplicable to Discovery Violation Awards
- News In Brief
- Criminal Justice Resources
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, Feb. 1, 2022. Federal Tort Claims Act, Failure to Treat (Mental Illness).
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, Nov. 1, 2021. Guard Misconduct, Federal Tort Claims Act, Qualified Immunity.
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, Nov. 1, 2021. Failure to Treat, Federal Tort Claims Act.
- Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence, May 5, 2020. Wrongful Imprisonment, Federal Tort Claims Act.
- Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action, April 1, 2020. Systemic Medical Neglect, Complaints, Federal Tort Claims Act.
- Court Holds Federal Tort Claim Against BOP Can Proceed in MCC Beating Death, March 4, 2020. Guard Brutality/Beatings, Federal Tort Claims Act, Wrongful Death, Excessive Force (Wrongful Death).
- Jury Awards Federal Prisoner $675,000 in Retaliation, Excessive Force Bivens Case, Sept. 5, 2018. Retaliation for Filing Grievances, Guard Brutality/Beatings, Federal Tort Claims Act, First Amendment, rights.
- FTCA Claims Survive; PREA Policy Defeats Discretionary Function Exception, May 8, 2018. Prisoner-Prisoner Harassment, Failure to Protect (General), Federal Tort Claims Act, Prison Rape Elimination Act.
- Federal Prisoner Shot in the Eye Awarded $80,000, May 7, 2018. Blind Prisoners, Vision, Shootings, Federal Tort Claims Act.
- Prisoner's Wrongful Death FTCA Claim Dismissed For Lack of Jurisdiction, Dec. 21, 2017. Federal Tort Claims Act, Wrongful Death, Medical Neglect/Malpractice.