AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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Defenses: Settlement Offers

     299:163 Award of $10 in damages to prisoner for violation of his religious right to receive a pork-free diet could be set off against his liability to the county for costs arising out of the same lawsuit; federal court does not reach restitution issue. Rinaldo v. Corbett, No. 99-10801, 256 F.3d 1276 (11th Cir. 2001).
     290:29 Woman arrested for misdemeanor who was subjected to strip and body cavity searches without any reasonable suspicion that she possessed weapons or contraband was properly awarded $19,465 in compensatory damages, but city could not be held liable for the $5 million in punitive damages that the jury awarded. Ciraolo v. City of N.Y., #99-7550, 216 F.3d 236 (2nd Cir.), cert. denied, 121 S. Ct. 484 (2000).
     EDITOR'S NOTE: On remand to the trial court, it also awarded the plaintiff's motion for attorney's fees and costs of $19,116.45, reflecting the costs and attorneys' fees incurred before the defendants made a pre-trial offer of judgment of $25,000 plus reasonable attorneys fees. This offer was made formally under Federal Rule of Civil Procedure 68. Because the plaintiff did not accept it, and was ultimately awarded a smaller amount of damages ($19,645) after appeal, their right to recover additional attorneys' fees and costs following that rejection were cut off. Further, the defendants were awarded $8,038.40 for necessary costs they incurred after the rejection of their offer. Ciraolo v. City of New York, 2000 U.S. Dist. LEXIS 14940 (S.D.N.Y. 2000).

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