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New Mexico Jail Settles Escapee Murder Suit For $750,000.00 by In 2002, the Taos County Detention Center (TCDC) in New Mexico paid $750,000.00 to settle a law suit filed by George Weiss, the father of Jonathan Weiss. George Weiss claimed that the TCDC officials caused the death of his son, …
Article • May 15, 2007
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
Article • May 15, 2007
Montana Supreme Court Upholds Jury Verdict in Death Action by In this case involving an escaped teenage prisoner who shot and killed another boy, the Montana Supreme Court upheld a jury's verdict in favor of the state. Originally committed to the Pine Hills youth prison as a serious juvenile offender, …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
Wyoming Prison Not Liable in Guard's Death by The court of appeals for the Tenth circuit upheld the dismissal of a § 1983 suit filed by the widow of a Wyoming prison guard killed by three escaping prisoners. The court held that the prison had no "special relationship" with the …
Article • May 15, 2007
Massachusetts: City Potentially Liable For Officer's Negligence by In this case involving a university police officer who was injured by an escaped prisoner, the Superior Court of Massachusetts denied summary judgment to the City of Worcester. The Court held that a jury could find the City's officer was grossly negligent …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Article • May 15, 2007
Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Article • May 15, 2007
Oklahoma Escape Conviction Reversed for Jail Trusty by The Oklahoma Court of Criminal Appeals has reversed a conviction for a misdemeanant's escape from the Grady County Jail because the language of the escape statute didn't encompass such an escape. On August 20, 2003, Gary Barnard was serving time in the …
Article • May 15, 2007
Fed Prisoner's Standard Range Sentence for Escape Affirmed by In April, 2004, Lonnie Davis, a federal prisoner, was sent to a work release center after serving eleven years of a twelve-and-a-half year sentence for bank robbery. In May he escaped. He was later arrested and charged with escape. Davis was …
Article • May 15, 2007
$100,000 Awarded Hospital Guard Injured In Escape by While seeking medical treatment for a prisoner at the University of Massachusetts Medical Center, an officer from the City of Worcester Police Department became distracted by something outside the window. The prisoner, incorrectly secured by the wrists with leg shackles, slipped free …
Article • May 15, 2007 • from PLN May, 2007
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
Duress Defense Unavailable to Prisoner Volunteering Assistance to Help Another Escape by The en banc Tenth Circuit Court of Appeals held that a prisoner convicted as a principle to possession of escape paraphernalia waived a defense of duress, and that failure to give instructions on that defense was not plain …
Article • May 15, 2007
Fugitive Disentitlement Rule by The Eighth Circuit Court of Appeals held that the fugitive from justice rule does not mandate the automatic dismissal of a civil case under the fugitive rule. In May 1987, James Perko, while confined at a Missouri State Penitentiary, brought suit under § 1983 for deliberate …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Article • May 15, 2007
$32,500 Awarded to Citizens for Louisiana Prisoner's Escape by The Supreme Court of Louisiana held the State is liable for damages incurred by a prisoner in the process of escape. After a bench trial court awarded damages of $17,500 to Alvin Wilson and $15,000 to Ed Hillard, Jr. The Appeals …
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