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Articles by Lonnie Burton

Idaho Court Affirms Dismissal of Prisoner's Civil Rights Lawsuit Which Sought Relief for Denial of a Dental Pick

by Lonnie Burton

On November 4, 2016, the Idaho Court of Appeals affirmed a lower court order which dismissed a lawsuit filed by a state prisoner which had alleged improper dental care, threats, and unconstitutional disciplinary procedures. The court found that the prisoner submitted no genuine issues of material facts ...

Indiana: Incarcerated Mother's Parental Rights Termination Overturned

by Lonnie Burton

On November 10, 2016, the Indiana Court of Appeals reversed a lower court's order terminating the parental rights of a mother who found herself serving a seven month jail sentence for a drug offense. The appellate court found the termination order was contradictory since the father's rights ...

Tenth Circuit Affirms Dismissal of Eighth Amendment Lawsuit Over Botched Oklahoma Execution

by Lonnie Burton

On November 15, 2016, the United States Court of Appeals for the Tenth Circuit upheld the dismissal of a lawsuit brought by the estate of a prisoner who was executed by lethal injections in 2014, an execution the estate alleged was botched and which caused the prisoners ...

California Prison Guard's Dismissal Upheld By Appellate Court

by Lonnie Burton

On November 16, 2016, the Court of Appeal, Fourth Appellate District, Division One, in California reversed a trial court's decision to order the reinstatement of employment of a state prison guard who was fired after he was caught falsifying reports regarding a use-of-force incident. The appellate court ...

Seventh Circuit Affirms Dismissal of Indiana Prison Counselor's Retaliation, Sex and Age Discrimination Lawsuit

by Lonnie Burton

On December 10, 2014, the United States Circuit Court for the Seventh Circuit upheld a district court order dismissing a lawsuit brought by a former Indiana prison substance abuse counselor who claimed she was let go due to age and gender discrimination, and retaliation for her participation ...

Female Prisoner Raped By Florida Sheriff's Deputy Settles Lawsuit for $91,666

by Lonnie Burton

Shortly before the scheduled date of trial in the case, a woman who said she was raped by a Bay County, Florida, sheriff's deputy during a transport run to another jail agreed to settle her lawsuit for just over $91,000. That amount included $25,000 paid by Corrections ...

Michigan Prisoner Receives $4,000 for Injuries Sustained After Staff Ignore Bottom Bunk Directive

by Lonnie Burton

On August 18, 2015, the state of Michigan agreed to pay a prisoner $4,000 to settle a lawsuit in which prison staff deliberately ignored a medically-issued "bottom bunk detail" and the prisoner later fell from the top bunk injuring his shoulder.

Timothy Murphy had been incarcerated in ...

$5,000 Settlement to California Prisoner Denied Hepatitis C Treatment

by Lonnie Burton

On May 5, 2015, the state of California and plaintiff/prisoner William T. Coats agreed to settle Coats' medical negligence lawsuit for $5,000. Coats had sued several medical personnel at the Deuel Vocational Institute - Tracy Reception Center (DVI) and the High Desert State Prison (HDSP) alleging his ...

Notre Dame Police Department Not a 'Public Agency' and Indiana Supreme Court Dismisses ESPN Lawsuit Under Public Records Act

by Lonnie Burton

On November 10, 2016, the Indiana Supreme Court reversed a Court of Appeals opinion and reinstated a trial court order dismissing an action brought by ESPN seeking disclosure of certain University of Notre Dame incident reports under the state's Access to Public Records Act.

In 2014, ESPN ...

North Dakota Sex Offender Commitment Reversed Due to Insufficient Trial Court Findings

by Lonnie Burton

On February 18, 2016, the North Dakota Supreme Court vacated the ruling of Ward County District Judge Gary H. Lee denying a petition for discharge from civil commitment as a sexually violent offender. The lower court's reasoning for denying the petition -- lack of progress in treatment ...