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Article • May 15, 2013
Pennsylvania: USDC Grants Habeas Bond Hearing for Alien by On May 24, 2012 the United States District Court for the Middle District of Pennsylvania granted in part the habeas petition of Robert A. Bautista seeking release from Department of Homeland Security custody, which was not granted, and a bond hearing, …
Article • May 15, 2013
Filed under: Media
USDC New York Finds for Bloomberg Newsgroup in Copyright Suit by On May 17, 2012, the United States District Court for the Southern District of New York found for the Defendant, business and financial news provider Bloomberg L.P., in a copyright infringement suit initiated by the Swatch Group Management Services, …
Article • May 15, 2013
Washington State Court of Appeals Upholds Denial of Prisoner's Public Record Claim by Washington State prisoner Shawn D. Greenhalgh, pro se, appealed a summary judgment by the trial court. Greenhalgh alleged that the Washington State Office of the Attorney General (AGO) improperly denied his Public Record Act (PRA) request because …
Washington State District Court Oversees §1988 Settlement against Spokane Police by Washington State District Court Oversees §1988 Settlement against Spokane Police The City of Spokane, Washington, settled a civil rights claim in May 2012 for two million dollars in the U.S. District Court, Eastern District of Washington, with the estate …
Article • May 15, 2013
Wisconsin Appeals Court Orders Appointment of Examiner in Commitment Case by Derek Gilna Prisoner Dennis Thiel had appealed the denial of his petition for supervised release under Wisconsin Statute Chapter 980 (2003-04) (the Act), wherein the court had previously ordered that an examiner be appointed to take another look at …
Washington: Failure-to-Protect Suit against King County Allowed to Proceed by The Washington Court of Appeals has reversed a superior court ruling dismissing on res judicata grounds a "Complaint for Damages" filed by a prisoner against King County, alleging that he was raped by other prisoners in the tenth floor shower …
Article • May 15, 2013
Religious Diet Qualified Immunity Test Outlined by The Seventh Circuit Court of Appeals has held that in determining whether a prison official is entitled to qualified immunity for refusing a prisoner a religious diet, the district court must know whether the official used the tenets of the religion to disqualify …
California: CDCR Pays $475,000 to Settle Wrongful Death Suit by In November 2009, the California Department of Corrections and Rehabilitation (CDCR) entered into a Settlement Agreement with the parents and siblings of Joseph Sullivan who, in June 2006, took his own life while incarcerated at Chuckawalla Valley State Prison (CVSP). …
$30,000 Settlement for Juvenile Assaulted by Riker’s Island Guard Gang by The New York City Department of Corrections (NYDOC) paid $30,001 to settle a lawsuit brought by a juvenile beaten by guard authorized violence. Several guards have been indicted for running the Robert N. Davoren Complex (RNDC) on Riker’s Island …
Article • May 15, 2013
Associated Press Loses Bid to Unseal Settlement in Suit Against CCA by On December 14, 2011, an Idaho federal court ruled that it would not unseal the sealed settlement agreement between Corrections Corporation of America (CCA) and a prisoner who was allegedly assaulted in a private prison operated by CCA. …
Article • May 15, 2013
Sixth Circuit Reverses Dismissal of Jail Medical Indifference Suit by Matthew Clarke by Matt Clarke On November 4, 2010, the Sixth Circuit Court of Appeals partially reversed the summary judgment granted to Michigan jail and medical personnel based on fatal deliberate indifference to a prisoner's serious medical needs. Deceased former …
Article • May 15, 2013
Oregon Prison Officials Not Immune for Sentence Miscalculation by The Oregon Court of Appeals held that prison officials are not immune from suit for miscalculating a prisoner's sentence by 13 months. In 2000, Chester Westfall was convicted of charges in Jackson County, Oregon, and sentenced to 34 months in prison. …
Article • May 15, 2013
$1 Million Settlement Reached in Michigan Teen Stun Gun Death by A Michigan Court approved a $1 million settlement to a family of a 15 year-old youth who died as a result of being hit with a stun gun by Bay City Police. In March 2009, Bay City Police were …
$57,500 Settlement for Texas Prison’s Discriminatory and Retaliatory Occurrences by In October 2006, the Texas Department of Criminal Justice (TDCJ) settled a suit for alleged discriminatory and retaliatory occurrences filed by former TDCJ's Parole Division Supervisor in San Antonio Manuel M. Mermea, Jr. In June 26, 2003, Mermea filed the …
$75 Awarded for Magazine Denial; Access to Personal Law Books Denied by On January 3, 2001 a U.S. Magistrate judge upheld the denial of a prisoner's access to personal law books and awarded $75 for magazines denied by the unit. Louisiana State prisoner Leo J. Schwartz, III was segregated over …
ADX Prisoner Wins Settlement for Injuries Incurred in Unlit Cell by Derek Gilna Bob Allen Custard, currently an ADX Florence prisoner, has won a $7500 settlement from three Georgia federal correctional personnel for their breach of their duty to maintain a safe environment in Custard’s cell in the Atlanta Metropolitan …
California Excessive Force Case Settled for $10,000 by California prison officials paid a prisoner $10,000 to settle his excessive force claims against several guards. Keith Wayne Candler was confined in the administrative segregation unit at the Salinas Valley State Prison. On October 9, 2003, Candler was unhappy with a dinner …
California Medical & Retaliation Claims Settled for $21,300 by California Medical & Retaliation Claims Settled for $21,300 California prison officials paid $21,300 to settle a prisoner's medical, retaliation and discrimination claims. California prisoner Vahan Jaladian suffers from "degenerative chronic back pain, severe gastroesophageal reflex and stiffness of both hands." As …
Article • May 15, 2013
California Prisoner's Excessive Force Claims Settled for $1,750 by California prison officials paid a prisoner $1,750 to settle his excessive force suit, which sought $800,000 in damages. On July 21, 2005, California prisoner Keith Williams complained of a meager breakfast serving. Guard David Ramirez told Williams he was not getting …
Article • May 15, 2013
Filed under: Medical, Podiatry
California Prisoner Paid $5,150 for Medical Shoe Denial by California prison officials paid a prisoner $5,150 to settle his claims related to the denial of medically necessary shoes. When California prisoner Andrew Lopez was transferred on February 15, 2001, he was denied items of his personal property, including medically necessary …
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