Jdi Damage Award Chart 2008.pdf
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Year State Jurisdiction Details Award 2001 AK State Court 1,400,000 S Jury, Settlement 2002 AL Federal, ND 90,000 S Settlement 1998 CA Federal 1,008,000 S Settlement 2000 CA Federal 1,180,000 S Settlement 1991 CT Federal 385,000 S Jury 2000 DC Federal 350,000 S,I Jury 1999 DC Federal 35,250 S Jury 1994 DC Federal S Judge Injunctive Docs? Staff/inmate Decision maker 1995 FL Federal 115,000 I Judge 1992 GA Federal 175,000 S Jury, Settlement 2003 IA Federal 47,500 S Jury, Judge 2007 IL Federal, SD 900,000 S Settlement IN Federal, SD 150,000 I Settlement 1983 LA Federal, Appeals 380,000 I Jury, Judge 2004 MA Federal 675,000 S Settlement 2000 MI State Court S,I Settlement 3,787,000 1996 MO Federal 50,000 S Jury 2000 MO Federal 2,200,000 S,I Settlement 1982 MO Federal 30,000 I Jury, Judge 2007 MO Federal 250,000 S Jury, Judge 1997 NJ Trial Court 253,220 S Jury 1997 NY Federal 450,000 S Jury 2003 NY Federal 195,000 S Jury 2006 OH Federal 658,067 S Jury 2006 OR Federal 9,000,000 S Settlement 2006 OR Federal 100,000 S Settlement 35,000 S Settlement 2007 PA 2004 TX Federal 4,000,000 S Jury 1999 TX Federal 4,100,000 S Jury 1997 TX 5th Circuit 1,100,000 S Bench trial 2000 TX Federal 1,005,000 S Judge 1991 TX Trial Court 2005 Federal 250,000 3,000,000 I Judge S Jury Number of Plaintiffs Gender Name/Source Description 5 female inmates were sexually assaulted at halfway house. Guard admitted assaulting them. 5F 2F 3F 56 F 1F 1F 1F J.W. et al v. Allves Doe v. City of The plaintiffs, Jane Doe, 32, and Janet Doe, 22, alleged that Homewood while incarcerated at the Homewood city jail in April and USDC ND AL, September 1999, guards forced them to perform nonconsensual Case No. 00-C- sex acts. The plaintiffs claimed a history of such behavior at the 2948-5 jail, both by defendants Doug Crowder and Darrell Sykes and by 3 female inmates were beaten, raped, and sold for sex by guards. For instance, one officer demanded that one plaintiff show him her breasts or genitals in order to receive prison issued t-shirt. When she refused, plaintiff was not given t-shirt. Plaintiffs alleged officials were aware of assaults but did nothing when plaintiffs repeatedly begged for protection. In addition, after one of the plaintiff's official complaints became common knowledge, her cell door was opened while sleeping and 3 men beat, raped, and sodomized her. Her life was also threatened and she was informed that the attack was in retaliation for her complaint. Lucas v. White Cruz v. Vasquez, Allegations of sexual abuse and rape of 56 female inmates by male No. C9520776 guards. (U.S.D.C. N.D. Cal. 34-year-old female inmate sexually assaulted by male guard and Baber v. McDonald suffered severe emotional distress. Unrebutted evidence showed that female inmate was subjected to continuous sexual harassment and abuse by prison workers and inmates including forced naked dancing, denial of library privileges due to refusal to have sex with librarian, and isolated confinement without underwear or mattress. Daskalea v. D.C. Facts were not in dispute that on three occasions over the course of a month where female inmate took part in strip shows and engaged in sexual relations with a guard, there were no supervisory persons present at the prison. Plaintiff female inmate claimed that these encounters were not consensual. Newby v. D.C. Female prisoners alleged repeated physical and sexual assaults and Women Prisoners v. D.C. sexual harassment by correctional officers. CA F LaMarca v. Turner The inmates asked the court for declaratory and injunctive relief, as well as damages, alleging that their constitutional rights had been violated by the conditions of their confinement, including failure to protect them from physical and sexual assault by fellow inmates, inadequate ventilation, poor lighting, inadequate exercise, only three showers per week, no canteen privileges, and only limited use of the law library. 3M Male guard raped 25-year-old female inmate and videotape shows guard sexually harassing plaintiff and another female. Plaintiff suffered psychological damage and mental anguish. 1F Isdell v. McBerry Riley v. Olk-Long 1F C.P. v. O'Donnell Female inmate took deputy to court. Deputy, a 17-year veteran of the office, pleaded guilty to sexual misconduct with an offender, and Black Hawk County agreed to pay a $47,500 civil settlement. 15 year old boy sent to St. Clair County juvenile custody center in 2005 and was sexually assaulted ("inappropriately touched" according to news source) by a guard 1M Following an Indiana federal district court's denial of summary judgment to the Marion County Sheriff, the Sheriff settled the matter by giving $150,000 1M Merriweather v. Marion County Sheriff 1M The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Defendants appeal Stokes asserted the evidence was insufficient to find in the Plaintiff's v.Delcambre, 710 favor; they should have been immune from prosecution; and F.2d 1120 (5th punitive damages were excessive and the trial court's standard Cir. 1983) for assessing them was wrong. Roe v. Mojica 3 male guards raped female inmate on different occasions while 4th guard acted as a lookout. Inmate subsequently impregnated. Boston Globe described alleged crimes as "guard-inmate drugs-for-sex ring." Anderson v. Dept of Corrections Female prisoners in Michigan DOC facilities failed suit in state court regarding sexual assault and abuse among other mistreatment. A parallel federal suit was dismissed when the parties made settlement. 1F 31 F Female inmate raped by guard. Other women testified they had sex with guards, were sexually assaulted, and were watched while showering and using the toilet. There was also testimony that the same guard had inappropriate sexual contact with another female inmate described as "mentally slow." 1F CA Ware v. Jackson County In re: Texas Litigation This was a class action prisoner § 1983 lawsuit pending in the U.S. District Court for the Western District of Missouri. Plaintiffs were Missouri prisoners who were transferred from Missouri state-penal institutions to jails in Texas pursuant to the “Texas Cell Lease Program,” a contract between the Missouri Department of Corrections [DOC] and several Texas counties and a city whereby the Texas entities agreed to house and supervise the Missouri prisoners in exchange for money.Plaintiffs alleged violations of their constitutional rights due to a wide range of conduct which included beatings, dog attacks, rapes, and poor conditions of confinement. F, M Wade v. Haynes 1M 1M Respondent was harassed, beaten and sexually assaulted by cellmates. Alleges his 8th Amendment rights were violated. Was appealed to Supreme Court, which held that the security guard held liable (other officials were not) could be responsible for punitive damages. Plaintiff was repeatedly raped by prison staff member, filed under 1983 and awarded 250,000 plus costs and fees. State did not appeal but refused to pay, Missouri Court of Appeals affirmed. State ex rel. Cravens v. Nixon, 234 S.W.3d 442 (Mo.App.D. 2007) Collins v. Union County Jail 1M Male inmate raped by male guard. Inmate suffered no lingering physical damage, but suffered permanent psychological damage in form of posttraumatic stress disorder. Court noted that due to rape, plaintiff lost ability to function in normal mental state, suffers from frequent nightmares, flashbacks, difficulty sleeping, severe loss of selfesteem, and inability to trust others. Mathie v. Fries, 121 F.3d 808 (2 nd Cir. 1997) 1M County jail security director sexually abused a male prisoner. Morris v. Eversley, Inmate was sexually assaulted by guard while she slept. She collected 282 F.Supp.2d 196 DNA, which was later tested and confirmed to be guard’s. (SDNY 2003) 1F 1F Ortiz v. Bright Dunn v. City of Eugene Male correctional officer grabbed female plaintiff's breast and ran his hand over plaintiff's fully clothed and blanketed breast and crotch area. Plaintiff also alleged she was digitally raped. Plaintiff alleged her placement in solitary confinement was retaliatory and she was denied adequate medical care. Unknown plaintiffs filed a Federal civil rights complaint against the City of Eugene, Oregon, claiming that Eugene Police Officer Roger Magena and other unnamed officers engaged in a pattern of sexual misconduct reported by citizens, due to insufficient supervision on evening shifts. A $900,000 settlement (the largest in Eugene's history) in favor of the plaintiffs was reached after the U.S. District Court for the District of Oregon issued a strongly worded 39 page order upholding their liability claims. 6F 1M 1F DHM v State of Oregon (06-127 MA v State of Oregon) Lambert v. Ruan, USDC, WD PA, Case No: 96-247 Shirley, et al v. Miller, et al This case was combined with several others filed by youth detained in Oregon juvenile system (OYA) alleging sexual abuse and other staff abuse. All parties eventually settled. Plaintiff was sexually assaulted by two male staff and videotaped nude by female guard, said PDOC fostered a culture of sexual abuse. Male guard Michael Miller raped female inmate in supply room at prison work camp.Damages based on finding that guard had committed rape and violated her civil rights. 1F 2F "A" and "B" v. Two female prisoners were raped within one week of each other by Ament, Cause No. parole officer Taylor during pre-release interview. Officer told inmate he A98-CA-503 was a Desert Storm participant who had been trained as a sniper and explosives expert and threatened her family should she report the incident. Downey v. Denton Female prisoner raped by male guard while alone in locked, isolated County, Tex., 119 room for two hours. Prisoner gave birth to child as result. F.3d. 381 (5th Cir. 1997) 1F 1F Shotwell v. Swint 33-year-old female inmate continuously sexually assaulted by 37-yearold male chief of security for 1 year. Plaintiff threatened with adverse treatment if she resisted. City of Waco v. Hester 1M Hester claimed to have been threatened and intimidated before being raped by another inmate while in jail. Afterwards, Davis threatened to kill Hester if he told anyone. Female inmate touched in sexual manner and propositioned by sheriff's deputy after being arrested. Inmate was sexually massaged by sheriff's deputy, who also offered her freedom in exchange for sexual favor. 1F Notes Guard also received prison term of 22 years. There was evidence of his past misconduct, but company did not check his past before hiring him. Settlement became public because news report on use of public funds. Bureau of Prisons agreed to improve its sexual harassment and assault policies by expanding sexual harassment training program, providing immediate medical and psychiatric care for assaulted inmates, and developing confidential system of reporting attacks to protect against retaliation. Defendant defaulted on plaintiff's civil rights claim, but plaintiff received directed verdict on issue of damages. Defendant fired for reasons directly related to attack. Mental and emotional distress enough under 1983. Lasting physical injury not required. One female inmate testified that she was beaten by guards for refusing to take part in strip shows. Another female inmate "testified without contradiction that she participated in the dancing against her will out of fear of physical retaliation from prison guards if she refused." Court noted that, considering that these incidents occurred seven months after Women Prisoners , the District has done little to implement the remedial steps stipulated by that opinion. Also, the same naked dancing incidents were at issue in Daskalea. Injunctive relief including promulgation of sexual harassment policy. A class action suit that resulted in monetary damages for three plaintiffs Defendant guard was prosecuted for rape and sexual contact with a prisoner, but was found guilty of sexual contact only. Defendants denied plaintiff's rape allegation, contended that training and prevention measures were adequate, and that guard was not involved in any similar incident prior to the subject incident. Jury awarded 334,432 but parties settled for 175,000 8th Circuit upheld on appeal the jury decision Pre-trial juvenile placed in county adult jail juvenile wing instead of juvenil facility and assaulted and raped by 4 other detainees Inmate impregnated. Jail officials denied any wrongdoing. Jurors felt that guards were breaking rules of conduct at jail, but nothing was done to discipline them. Appeals Court affirmed entry of judgment in favor of inmate. Appeals Court noted that county's deliberate indifference was shown by its failure to adequately discipline guard when there was ample evidence that inmate was put at risk. Guard pleaded guilty and was fired. New Jersey Supreme Court held that debilitating psychological disorder caused by rape constituted permanent loss of bodily function pursuant to Tort Claims Act. Guard also convicted of aggravated sexual assault and 4 related charges in criminal trial. Guard sentenced to 12.5 years in prison and ordered to pay $207,175 in restitution. Taylor resigned from the prison in November 1996. He was charged with criminal sexual assault and found not guilty. Judgement against county for 100,000 and assailant for 1,000,000 under state tort claims, not 1983. Decision affirmed on appeal to 5th circuit