Chapter 15

This Chapter looks at the causes of action prisoners use to seek damages for harm they experience at the hands of state, local, or federal officials. It examines immunities, official- vs. personal-capacity lawsuits, supervisory liability, and the liability of private contractors. Materials also include opening and closing statements from a jail suicide damage trial.

• Does v. Michigan Dep’t of Corr., No. 13–cv–14356–RHC–RSW (E.D. Mich.)
  • Litigation summary and documents
• Neal v. Michigan Dep’t of Corr., No. 96–6986–CZ  (Mich.)
  • Litigation summary and documents 
• White v. Watson, Case No. 16–cv–560–JPG–DGW (S.D. Ill.)(Damages sought for death by suicide of pre-trial St. Clair County jail detainee. Featured in casebook)
  • Third Amended Complaint (April 5, 2017)
  • Opening statements (Dec. 3, 2018)

Sample 1983 and Bivens Complaints

• Hill v. BOP, No. 13-cv-3404 (D. Colo) (Bivens action re. medical and mental health care, filed by trans woman seeking damages and injunctive relief)
  • Complaint (Dec. 17, 2013)
• Jones v. Dart, No. 13-cv-2652 (N.D. Ill) (pro se action alleging unconstitutional conditions in Cook County jail)
  • Complaint (Apr. 9, 2013) 
• Ross v. Gossett, No. 15-cv-309 (S.D. Ill) (damages class action for Illinois state prisoners who alleged beatings, sexual humiliation, and property destruction during “shakedowns”
  • Complaint (Oct. 31, 2016)
• Taylor v. Crot, No. 13-cv-1930 (N.D. Ill) (pro se jail detainee complaint alleging inadequate medical care and failure to protect)
  • Complaint (Mar. 12, 2013)