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Brief • May 29, 2012
Fernandez v. City of Phoenix, AZ, Order Denying Mot to Stay, Police Shooting Wrongful Death, 2012 Case 2:11-cv-02001-FJM Document 62 Filed 05/29/12 Page 1 of 3 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 …
Garcia v. Breese, NM, Settlement, Unlawful Search and Arrest, 2012 ,.. SETTLEMENT AGREEMENT AND RELEASE OF CLAl;\,lS lN SOLE CONS ID ERATION of the total sum of Sixty Thousand Dollars and no/ I00 CS60.000.00). the receipt of which is hereby acknowledged. Mario Garcia (hereinafter "Releasor"), individually. and for his heirs. …
Article • May 15, 2012
Eighth Circuit Upholds Dismissal of Arkansas Jail Prisoner’s Excessive Force Claim by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an Arkansas prisoner's excessive force claims. On May 22, 2007, prisoners in B-Pod of the Ouachita County Detention Center created a disturbance when they were mistakenly …
California Prison System Settles Prisoner's Excessive Force Suit for $1,000 by On May 14, 2007, Tyun Sockee Dodson, a California state prisoner, filed a pro se federal civil rights action under 42 U.S.0 § 1983 alleging he was severely beaten by guards at the Calipatria State Prison without provocation while …
Article • May 15, 2012
California Settles Prisoner's Excessive-Use-of-Force Suit for $5,000 by Michael D. Fulton, a former California state prisoner, filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after he allegedly was assaulted by Guard E. Jensen on December 1, 2004, while he was handcuffed and being transferred between housing …
Michigan’s Abu Ghraib? Teaching Anthropology inside a Women’s Prison, On the Edge of a $100 Million Sex Abuse Scandal by Brian McKenna Brian McKenna Every prison has a story. At the Robert Scott Correctional Facility, in Michigan, the women were not allowed to touch one another or risk a "major …
Culture of Abuse Continues at Oregon Mental Hospital Despite Ongoing DOJ Investigation by In June, 2006, the Civil Rights Division of the United States Department of Justice (DOJ) began investigating the Oregon State Hospital (OSH) for patient abuse and deficient care. On November 17, 2010, DOJ officials alerted the state …
Article • May 15, 2012
California: Federal Judgment in Favor of Police Bars Subsequent State-Court Wrongful Death Action by In May 2009, the California Supreme Court held that a federal-court judgment in favor of the defendants on a civil rights claim brought under 42 U.S.C. § 1983, in which the plaintiffs sought damages for police …
Article • May 15, 2012
California Immigrant Shackling Case Certified as Class Action by A California federal court granted class certification in a case challenging a blanket policy and practice of shackling civil immigration detainees who appear in immigration court. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) "have implemented …
Alaska Scope-of-Employment Certification Reviewable; State Immune from Guards' Excessive Force by The Alaska Supreme Court held that the Attorney General's certification that Defendant prison guards were acting within the scope of their employment is subject to judicial review. The Court also held that the State was immune for a prisoner's …
Article • May 15, 2012
California: Cop Blasts 7-Year-Old Special Ed Student with Pepper Spray; San Mateo Pays $55,000 to Settle Federal Lawsuit by In December 2011, San Mateo (California) officials agreed to pay $55,000 to settle a federal lawsuit filed by the family of a 7-year-old special education student who, in June 2010, was …
District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case by In March 2011, the Honorable George H. King, U.S. District Judge for the Central District of California, awarded $299,400 in attorneys' fees and $4,317.44 in costs to a plaintiff who prevailed on her claims of excessive …
Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard by The Seventh Circuit Court of Appeals affirmed the dismissal of excessive force claims against an Illinois police chief. Illinois Department of Corrections guard David Backes is a veteran of the Persian …
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, …
Article • May 15, 2012
Oregon Off-Duty Police Dog Bite Claim Nets $82,500 by The Washington County Sheriff's Department, in Hillsboro, Oregon, paid a family $82,500 after an off-duty police dog attacked their child. In November 2004, the mother of Tyler Cox, off-duty Washington County sheriff's deputy Kelly McLeod and off-duty K-9 handler, Deputy Charles …
Brief • May 15, 2012
Kostman and Najjar v. City of New Brunswick, NJ, 2nd Amended Complaint, Excessive Force Wrong Apt, 2012 Case 3:11-cv-00756-JAP-DEA Document 27 Filed 05/15/12 Page 1of18 PagelD: 264 By: Bryan Konoski, Esq. (BK 7563) TREYVUS & KONOSKI, P.C. 305 Broadway, 14th Floor New York, NY 10007 (212) 897-5832 bkonoski@aol.com UNITED STATES …
Brief • May 14, 2012
Fernandez v. City of Phoenix, AZ, Plff's Response to Motion, Police Shooting Wrongful Death, 2012 Case 2:11-cv-02001-FJM Document 57 Filed 05/14/12 Page 1 of 6 1 Sabinus A. Megwa (SBA #011266) The Megwa Law Office 2 6811 South Central Avenue Phoenix, Arizona 85042 3 Tel: (602) 243-6151 Email: megwalaw@qwestoffice.net 4 …
Brief • May 14, 2012
Mendiola-Martinez v. Arpaio, AZ, Amended Complaint, Shackling Pregnant Prisoners, 2012 Case 2:11-cv-02512-DGC Document 7 Filed 05/14/12 Page 1 of 19 1 2 3 4 Joy Bertrand, Esq. PO Box 2734 Scottsdale, Arizona 85252-2734 Telephone: 480-656-3919 Fax: 480-361-4694 joyous@mailbag.com www.joybertrandlaw.com Arizona State Bar No. 024181 5 6 ATTORNEY FOR: PLAINTIFF 7 …
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