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Ninth Circuit Orders New Trial in “Pink Underwear” Lawsuit; Case Settles for $240,000
Loaded on Aug. 28, 2015
by Mark Wilson
published in Prison Legal News
September, 2015, page 30
Filed under:
Staff-Prisoner Assault,
Cardiovascular,
Strip Searches,
Clothing,
Wrongful Death,
Failure to Treat (Mental Illness).
Location:
Arizona.
On February 13, 2013, in an amended ruling, the Ninth Circuit Court of Appeals ordered a new trial for the estate of a deceased mentally ill prisoner, finding the district court had improperly excluded admissible testimony and a rebuttal closing argument.
Eric Vogel had been severely mentally ill since age ...
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More from this issue:
- Life Without Parole, by Beth Schwartzapfel
- News in Brief
- Legislation Removes Secrecy from Georgia Parole Board’s Proceedings, Decisions, by David Reutter
- From the Editor, by Paul Wright
- Delaware: Drop in Prison Phone Rates Called a “Drop in the Bucket”, by Derek Gilna
- Is Texas Poisoning Prisoners with Contaminated Water?, by Panagioti Tsolkas
- Texas County Pays Prisoner’s Family $214,500 for Wrongful Death
- Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy, by David Reutter
- Prisoners Pay Millions to Call Loved Ones Every Year. Now this Company Wants Even More, by Ben Walsh
- Jails in Trouble as IRS Investigates Tax-Exempt Bonds, by Matthew Clarke
- Nevada: Federal Suit over Shackling of Pregnant Prisoner Settles for $130,000 and Policy Changes, by Matthew Clarke
- BOP Ordered to Pay Prisoner’s Attorneys $41,703 for Discovery Abuses, by Derek Gilna
- British Banking Giant Fined for Laundering Mexican Drug Money Through U.S. Banks, by Matthew Clarke
- Two Reports Find at Least 54 Countries Complicit in Secret CIA Prisons, by Matthew Clarke
- Alabama: Settlement to Integrate HIV-Positive Prisoners Finalized, by David Reutter
- Former New York Prisoner Receives $3,375,000 Settlement for Wrongful Conviction, by Derek Gilna
- $290,000 Judgment for Failure to Treat Ruptured Appendix Affirmed, by David Reutter
- Mental Health Care in South Carolina Prisons Found Unconstitutional, by David Reutter
- Ninth Circuit Orders New Trial in “Pink Underwear” Lawsuit; Case Settles for $240,000, by Mark Wilson
- Social Impact Bonds in Criminal Justice: A Deal We Can’t Refuse?, by Jennifer R. Zelnick
- Oregon Workgroup Recommends Strategies to Deal with Prison Medical Care Costs, by Mark Wilson
- Federal Court Orders Cameras to Cover Blind Spots at North Carolina Prison, by David Reutter
- Rejecting Foreign Language Letters after Interpretation May Violate Prisoner’s Rights, by David Reutter
- $400,000 Settlement in New Jersey Juvenile Solitary Confinement Suit, by Derek Gilna
- Illinois Supreme Court Affirms Supervised Release Period Despite Sentencing Omission, by Derek Gilna
- Vermont Newspaper Defends Hiring Reporter with Sex Offense Conviction, by Matthew Clarke
- Former Illinois Drug Court Judge Gets Prison Time Following Fellow Judge’s Fatal Overdose, by Joe Watson
- How U.S. Prison Officials Rubberstamped a CIA Torture Chamber, by Carl Takei
- Seventh Circuit Upholds Wisconsin Sex Offender Registration Fee, Names John Doe Plaintiffs, by Derek Gilna
- Fourth Circuit Finds Strip Searches and Delousing of Arrestees Constitutional, by Lonnie Burton
- Prison Legal News Wins FOIA Appeal Against BOP, by Derek Gilna
- Washington Prisoner Granted Injunction Ordering Outside Orthopedic Evaluation, by Mark Wilson
- Seventh Circuit: New Trial for Wrong Legal Standard in Jail Death Case, by Mark Wilson
- Texas Prisoner Held in Prison 35 Years after Conviction Vacated, by Matthew Clarke
- Corporations You’ve Never Heard of are Making Millions from Mass Incarceration, by James Kilgore
- Illinois University Faculty Member and PLN Contributor Fights for His Job after Opposing New County Jail, by Joe Watson
- Vice President’s Son Discharged from Navy Due to Drug Use, by Christopher Zoukis
- Michigan: Perjured Testimony at Trial Results in Habeas Relief, but Reversed on Appeal, by David Reutter
- Court Denies Challenge to D.C. Sex Offender’s Website on Registry Officials
- Terrorism Suspect Moves to Suppress Statements Made to FBI due to Torture Threats, by Matthew Clarke
- Tennessee Jail Considers Charging for Toilet Paper, Underwear, by Christopher Zoukis
- Automatic Placement of Death Row Prisoner in Segregation Does Not Violate Due Process, by David Reutter
- ACLU Awarded $50 Million to Help End Mass Incarceration, by Christopher Zoukis
- Seventh Circuit Reverses Verdict when Prisoner Not Allowed to Poll Jury, by Derek Gilna
- Liability against Taser for Negligence Upheld but $5.5 Million Damages Award Reversed, by David Reutter
More from Mark Wilson:
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- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025. Settlements, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Deaths, Deplorable Conditions, Staff Misconduct Plague Memphis Jail, April 1, 2025. Misconduct/Corruption, Conditions of Confinement, Wrongful Death.
- Nurse Charged, $2.6 Million Settlement Reached in Minnesota Jail Death, April 1, 2025. Prison/Jail Murders, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Former Indiana Jailer Walks from Charges Over “Night of Terror”, April 1, 2025. Staff-Prisoner Assault, Prison Rape Elimination Act.
- $2.5 Million Settlement After South Carolina Jail Detainee Lost 2 Lbs.Per Day and Died, April 1, 2025. Food, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Former California Guard Convicted On 64 Counts of Sexually Abusing Prisoners, March 1, 2025. Staff-Prisoner Assault, Guard Misconduct.
- U.S. Justice Department Investigating Tennessee CoreCivic Prison After Mother of Murdered Prisoner Reaches Settlement, March 1, 2025. Corrections Corporation of America/CoreCivic, Prison/Jail Murders, Staffing, Settlements, Wrongful Death.
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