Eighth Circuit Affirms Denial of Qualified Immunity by The Eighth Circuit Court of Appeals upheld the denial of qualified immunity to two guards on failure-to-protect claims. Minnesota prisoner Kenneth Young was assigned to Edward Whitefeather’s cell. Almost immediately, Whitefeather threatened Young, telling him that “he would do whatever he wanted …
Airline Mechanic’s Termination for Failure to Provide Urine for Drug Testing Affirmed by William King, a mechanic for Northwest Airlines, was directed to provide a urine specimen for drug testing. The tester reported to his supervisor that King failed to provide the specimen within 3 hours, which King initially didn’t …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Kiminski v. Hunt, MN, Complaint, Abuse of Drivers License Database, 2013 CASE 0:13-cv-00185-JNE-TNL Document 51 Filed 06/21/13 Page 1 of 34 IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ Jennifer KIMINSKI, Paul KIMINSKI, Rosemary STIFF, Kathryn Susan Barton and Eugene Barton as legal guardians for Kathryn Sarah BARTON, …
Eighth Circuit: Heck Bars False Imprisonment Claim by In an April 19, 2012 decision, the Eighth Circuit Court of Appeals agreed with a federal district court that Heck v. Humphrey, 512 U.S. 477 (1994) [PLN, Sept. 1994, p.12] barred a Minnesota prisoner's claim that prison officials unlawfully confined him for …
Eighth Circuit Denied an Escapee's Insufficient Psychiatric Claim by Eighth Circuit Court of Appeals denied a 5th Amendment claim for due process violation for the right to present a defense. James Edward Thornberg, a federal prisoner in Duluth, Minnesota before he escaped, was serving a 96-month sentence for wire fraud …
Schuler v. Otterblad, MN, Complaint, Failure to Treat Mental Illness, 2013 CASE 0:13-cv-01151-SRN-AJB Document 1 Filed 05/14/13 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Case No. - - - - - - - - Michael J. Schuler, Plaintiff, vs. COMPLAINT Shari Otterblad, Sean Kennedy, Monica Arons …
Minnesota Study Shows Prisoners Receiving Visits Have Lower Recidivism Rates by Matthew Clarke by Matt Clarke A report describing a study by the Minnesota Department of Corrections (DOC) shows that prisoners who receive regular visits while in prison are 13% less likely to commit new felonies and 25% less likely …
Eighth Circuit Upholds $10,000 Excessive Force Verdict Against University Police by The Eighth Circuit Court of Appeals upheld an excessive force verdict and $10,000 damage award. On January 1, 2005, Charles F. Gill attended a New Year's Eve party at a bar near the University of Minnesota campus. Gill and …
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 …
Minnesota Man Settles Lawsuit for $229,500 and Policy Changes to Assist Deaf Arrestees by A deaf Minnesota man has agreed to accept $229,500 and policy changes to settle a lawsuit that alleged violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA) and the Minnesota Human Rights Act …
Minnesota: Removal Not Required where Judge's Spouse is Employed by Prosecutor's Office by In September 2011, the Minnesota Supreme Court held that cause for removal of a judge presiding over a case does not exist solely because the judge's spouse is employed by the office of the prosecutor. William Jacobs, …
Lee v. Macias, MN, Opinion and Partial MSJ Order - Unlawful Seizure, Excessive Force, 2012 CASE 0:11-cv-01945-DWF-FLN Document 24 Filed 06/12/12 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Antoine Lee, Civil No. 11-1945 (DWF/FLN) Plaintiff, v. MEMORANDUM OPINION AND ORDER Officer Oscar Macias and Office Shawn …
Minnesota District Court Directs BOP to Reconsider Prisoner’s Denial of Halfway House Placement by Derek Gilna By Derek Gilna In a pre-"Second Chance Act" case, Judge Davis of the U.S. District Court, District of Minnesota, has granted prisoner Steven Allen Knish's § 2241 Petition, his motion to alter or amend …
Empty Jail Beds Bankrupting Minnesota Counties by According to the FBI’s Uniform Crime Reports, violent and property crime rates have dropped steadily across the nation since at least 1992. Yet some states stubbornly insist on building prisons and jails they cannot afford to operate. Minnesota is just one recent example …
Minnesota’s State Court of Appeals Affirms Denial of Name Change for Ex-Felon by A Minnesota appeals court affirmed the lower court’s denial of a request for a name change by an ex-felon. William R. Iverson, a pro se litigant, petitioned the district court in Nicollet County to have his name …
Audit Recommends Cost-Saving Measures for Minnesota Sex Offender Program by A March 2011 report by Minnesota’s Office of the Legislative Auditor (OLA) found that while civilly committing sex offenders increases public safety, the prohibitive costs associated with administering the Minnesota Sex Offender Program (MSOP) could be reduced by, among other …
$227,500 Settlement in Suit by Former Minnesota DOC Prison Chaplain by A former Minnesota prison chaplain has settled a lawsuit against state officials after she lost her job for raising concerns about the constitutionality of the InnerChange Freedom Initiative (IFI) program. Kristine Holmgren was employed by the Minnesota Department of …
Minneapolis Agrees to Pay $3 Million to Settle Theft/Official Oppression Claims Against Strike Force by Brandon Sample By Brandon Sample The City of Minneapolis agreed to pay $3 million to settle a class-action lawsuit over the operations of its now disbanded Metro Gang Strike Force (Strike Force). When the Strike …
