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Article • April 15, 2013
Fifth Circuit Upholds Dismissal of Suit for Delay Bringing Arrestees Before a Judge by The 5th Circuit Court of Appeals upheld the dismissal of a 42 U.S.C. § 1983 Civil Rights action, alleging the violation of the 4th and 14th Amendments of two Mississippi men, who were detained for more …
Article • April 15, 2013
Fifth Circuit Upholds Summary Judgment for Jewish Prisoners' Religious Practice by Texas prisoner Thomas H. Baranowski, Pro Se, appealed a summary judgment by the district court. Baranowski, a member of the Jewish faith, alleged that prison officials violated his First and Fourteenth Amendments and the Religious Land Use and Institutionalized …
Article • April 15, 2013
Filed under: Police, Police Chases
First Circuit: No Deposition Testimony of Incarcerated Witness; Incarceration Does Not Make Witness "Unavailable" by First Circuit: No Deposition Testimony of Incarcerated Witness; Incarceration Does Not Make Witness "Unavailable" The First Circuit Court of Appeals upheld a Rhode Island federal court's decision to exercise supplemental jurisdiction over state law claims, …
Former California Deputy Sheriff Maintains Clean Record Despite Recent and Past Sexual Misconduct Allegations by A 60-year-old former Nevada County, California deputy sheriff who was caught in a hotel room with a male prisoner will not face charges or discipline for sexual misconduct. As a Nevada County deputy in October …
Article • April 15, 2013
Former Detroit Officers Award $6.5 Million in Whistleblower Lawsuit by A Michigan jury found the former mayor and City of Detroit liable of violating the state’s Whistleblower Protection Act (WPA) and awarded a pair of ex-police officers $6.5 million. Mayor Kwame Kilpatrick and the City of Detroit were found liable …
Former Kansas Prisoner Civil Rights Suit Dismissed by 10th Circuit by Derek Gilna The 10th Circuit Court of Appeals has affirmed a district court decision dismissing the 42 U.S.C. Section 1983 case alleging violations of the Kansas Constitution, the Kansas Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation …
Article • April 15, 2013
Idaho Supreme Court Reverses Attorney Fee Case by The Supreme Court of Idaho reversed and remanded an Idaho Sixth Judicial District Court’s order denying attorney fees for the Plaintiffs after prevailing at trial. The issue under scrutiny at the Supreme Court level was the interpretation of Idaho Statute IC § …
Article • April 15, 2013
Filed under: Sentencing
Indiana Supreme Court Affirms Sentence after Botched Jailbreak by The Supreme Court of Indiana per curiam affirmed in July 2012 the 47-year sentence of Appellant Roger Bushhorn resulting from an attempted escape from county jail. Bushhorn and two other prisoners, James Smith and Ryan Renfroe, fashioned homemade knives from clothes …
Article • April 15, 2013
Jury Awards Oregon Man $306,000 Excessive Force Verdict by On December 10, 2012, a Portland, Oregon man was awarded $306,000 for false arrest, excessive force and malicious prosecution. Gallagher Smith, then 25, argued with a doorman at a Portland nightclub on November 13, 2010. The doorman told Smith he had …
Article • April 15, 2013
Maryland Prisoner Challenges State Indecent Exposure Laws by A divided Maryland Supreme Court affirmed in May 2012 the holding of the Circuit Court of Montgomery County in a case wherein a Maryland state prisoner sought to establish that enacted indecent exposure legislation intended for circumstances found in a prison setting …
Article • April 15, 2013
Massachusetts Court Releases Mental Health Detainee After State Blows Deadline by Derek Gilna The Supreme Judicial Court for the county of Suffolk, Massachusetts dismissed the case of David Gangi, confined pursuant to G.L. c 123A, Section 13(a) to determine whether or not "probable cause exists to believe that the person …
$8 Million Settlement by Michigan Jail over Baby's Injuries by An $8 million settlement was reached in a lawsuit claiming guards and officials at Michigan’s Wayne County Jail (WCJ) failed to treat a female prisoner in active labor, resulting in serious injury to the infant. When Chantrienes Barker was booked …
Article • April 15, 2013
Federal Jury Awards $561,582 to Survivors of California Man Killed by Police by On September 20, 2012, a California federal jury awarded a total of $411,582 to the family of a man fatally shot by Santa Rosa, California police. Richard DeSantis lived with his wife and two minor children in …
Article • April 15, 2013
Minnesota Supreme Court Halts Confinement Fees for Pre-Conviction Inmates by The Minnesota Supreme Court held in December 2009 that pre-conviction prisoners residing in county jails or similar facilities could not be required to pay costs of confinement. Andrew Tyler Jones stayed 286 days in Olmsted County Jail awaiting resolution of …
Article • April 15, 2013
Mississippi Judge Suspended 30 Days; Publicly Reprimanded; Fined $500; Assessed $100 Court Cost by On April 13, 2011, the Supreme Court of Mississippi disagreed with Mississippi Commission on Judicial Performance recommendation on a formal complaint filed against Lamar County Justice Judge Carol Ann Bustin, who was charged with executing a …
Article • April 15, 2013
Filed under: Private Prisons
Missouri Private Jail Assessed Back Sales and Use Taxes by The En Banc Missouri Supreme Court held that a private jail must pay $14,056.25 in sales tax and $5,459.79 in use tax, plus interest, on its purchase of prisoner meals, clothing, soap, shampoo, medical supplies and other consumables between 2000 …
Article • April 15, 2013
Missouri Supreme Court Remands Child Custody Case by A divided Supreme Court for the State of Missouri reversed in January 2011 a judgment in the termination of parental rights of E.M.B.R. (Mother) and the subsequent granting of the petition for adoption of C.M.B.R. (Child) into the care of M.M. and …
Article • April 15, 2013
Filed under: Civil Procedure, Costs
Montana Supreme Court Questions Court Costs for Indigent Defendant by The Montana Supreme Court ruled in May 2012 on limiting fines and costs in the case of George Moore, convicted of DUI. Moore was found guilty by jury in November 2010 and sentenced to thirteen months imprisonment and restitution of …
Article • April 15, 2013
Sixth Circuit Holds FTCA Bars False Arrest Claim; Summary Judgment for Media Upheld by The Sixth Circuit Court of Appeals affirmed the dismissal of a Tennessee woman's false arrest claims against the United States. It also affirmed the dismissal of defamation and false light claims against a media outlet. In …
Article • April 15, 2013
Sixth Circuit of US Court of Appeals Affirms Grant of Habeas Corpus by The United States Court of Appeals for the Sixth Circuit affirmed in May 2012 the order of the U.S. District Court for the Eastern District of Michigan conditionally granting the petition for habeas corpus relief in the …
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