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