AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
Insurance
Insurance policy
issued to county sheriff's office, in its provisions covering "bodily
injury" and "personal injury," did not provide coverage
for claims of false imprisonment and malicious prosecution against the
office and several of its officers brought by former inmates concerning
incidents which occurred over 20 years earlier. The claims accrued at the
time of the arrest and incarceration, so that the claims did not occur
during the time period of the coverage. North River Insurance Company v.
Broward County Sheriff's Office, No. 05-60747 CIV, 428 F. Supp. 2d 1284
(S.D. Fla. 2006). [N/R]
A Mississippi county's
purchase of liability insurance did not constitute a waiver of the governmental
immunity the county was entitled to under state law in a wrongful death
lawsuit brought by the estate of an inmate who died when he fell off of
the back of a county garbage truck after he volunteered to help with a
garbage collection detail. Supreme Court of Mississippi upholds summary
judgment for county. Powell v. Clay County Bard of Supervisors, No. 2005-CA-00018-SCT,
924 So. 2d 523 (Miss. 2006). [N/R]
North Carolina county only waived sovereign
immunity to the extent of liability insurance purchased. Inmate who was
awarded $49,500 by jury on his claim that a deputy sheriff assaulted him,
therefore, could recover nothing, as the county's liability insurance only
provided coverage for claims in excess of $250,000. Cunningham v. Riley,
611 S.E.2d 423 (N.C. App. 2005). [2005 JB Dec]
Mississippi county's immunity from wrongful
death lawsuit brought over death of mentally ill detainee incarcerated
in county jail while awaiting involuntary commitment proceeding was waived
under state law to the extent of the monetary limits of the liability insurance
policy purchased by the county. Boston v. Hartford Accident and Indemnity
Company, #2000-CA-00968-SCT, 822 So. 2d 239 (Miss. 2002). [N/R]
The existence of a surety bond removed the
protection of governmental immunity from the sheriff and jailer in a prisoner's
suit under North Carolina law alleging negligence and neglect in medical
treatment of his hemophilia. Lawsuit alleged failure to properly respond
to plaintiff's nose bleed, causing him to ultimately require ten days of
hospital treatment. Summey v. Barker, No. COA00-106, 544 S.E.2d 262 (N.C.
App. 2001). [N/R]
Co.'s "errors and omissions" insurer
was not liable for a $41,496 award of attorneys' fees against the county
in prisoner's prevailing civil rights suit. Sullivan Co., Tennessee v.
Home Indemnity Co., 925 F.2d 152 (6th Cir. 1991).