AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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allegedly injured while attempting to stop a fight involving rival prison
gangs could not collect damages from prison officials for violating his
liberty interest under the due process clause of the 14th Amendment. The
defendants did not restrict the officer's ability to act on his own behalf
or defend himself against injury, even if, as the plaintiff claimed, they
"orchestrated" the fight in which he was injured. O'Dea v. Bunnell,
No. C052673, 2007 Cal. App. Lexis 837 (Cal. App. 3rd Dist.).
Correctional officers' claim that their employer had negligently or intentionally failed to establish or enforce adequate policies for their protection against wrongful conduct by prisoners was not barred by the "exclusive remedies" provision of the Alabama workers' compensation statute when the resulting damages were "purely psychological," rather than physical injuries. Bullin v. Correctional Medical Services, Inc., #2030573, 908 So. 2d 269 (Ala. Civ. App. 2004), cert. denied, #1040346 (Ala. 2005). [N/R]
A New York correctional officer's eligibility for payment of benefits for injuries suffered while on duty did not require him to show that his injuries or illness were the result of his performance of work related to heightened risks connected with law enforcement duties. Instead, he was only required to show a "direct causal relationship" between his job duties and the resulting illness or injury. New York's highest court therefore overturned an intermediate appellate court's reversal of the grant of benefits to the officer. Schafer v. Reilly, 784 N.Y.S.2d 1 (N.Y. 2004). [N/R]
Manufacturer of smoke grenade had a duty under Minnesota state law to provide a warning of the danger of use of the product indoors. Court finds that there was a genuine issue of fact as to whether the sale of the manufacturer to a successor corporation made the successor corporation liable in a products liability lawsuit by a prison guard injured during a training exercise using the smoke grenade. Gamradt v. Federal Laboratories, #03-3658, 380 F.3d 416 (8th Cir. 2004). [N/R]
Indiana state law did not impose any duty on the federal Bureau of Prisons to assist a diabetic employee who was involved in a fatal auto accident while driving home after becoming ill at work. Defendant had no responsibility to give him medical assistance, prevent him from leaving, or provide him with transportation home. No liability for employee's death under the Federal Tort Claims Act, 28 U.S.C. Sec. 2680(a). Stockberger v. United States, 225 F. Supp. 2d 949 (S.D. Ind. 2002). [N/R]
Complaint by estate of prison employee concerning prison's practice of allowing prisoner with a history of violent crimes using knives to have access to a knife without adequate supervision was sufficient to state a federal civil rights claim for employee's murder by prisoner under "state-created danger" theory. Warden was, however, entitled to qualified immunity because of the absence of "clearly established" law. Waller v. Trippett, No. 01-2716, 49 Fed. Appx. 45 (6th Cir. 2002). [2003 JB Feb.]
Former employee of Texas correctional facility could pursue claim for occupational disability benefits for back injuries allegedly suffered when he slipped and fell on a wet floor as it was being mopped by an inmate. The risk of such an injury was a "risk or hazard" that was "peculiar to unique duties" as a food-service manager at the facility, for purposes of showing an entitlement to the claimed benefits. Langford v. Employees Retirement System of Texas, No. 03-01-0081-CV, 73 S.W.3d 560 (Tex. App.--Austin, 2002). [N/R]
Deputy was properly awarded damages for slip and fall on wet terrazzo floor in jail outside of her office. Evidence showed that sheriff's office was negligent in failing to address a problem with recurring condensation on the floor where the deputy slipped. Award of $250,170 for lost earning capacity, however, was excessive, because of deputy's other significant health problems so that award would be reduced to $122,085. Gorton v. Ouachita Parish Police Jury, No. 35,432-CA, 814 So. 2d 95 (La. App. 2002). [N/R]
272:117 Deputy sheriff was properly awarded $300,000 in damages against owner of cab which struck his vehicle from behind while he was transporting prisoner; such damages could be awarded either for newly caused back injuries or for aggravation of preexisting condition. Gray v. Elias, 513 S.E.2d 539 (Ga. App. 1999).
268:52 Co. was not liable for alleged failure to protect two nurses from attack by inmate at county jail; no "special relationship" equivalent to custody existed since nurses' employment at jail was voluntary, and county did not take any steps which increased the risk to the nurses. White v. Lemacks, 24 F.Supp.2d 1373 (N.D. Ga. 1998).
227:166 Prison liable for $1.5 million for inmate's murder of female prison teacher; prison failed to take adequate security measures to protect female employees. Taylor v. Ohio Dept. of Rehabilitation and Correction, Ohio Ct. Cl., No. 93- 03951, March 16, 1995, reported in 38 ATLA L. Rptr. No. 6, p. 239 (August 1995).
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