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Nevada Attorney General Investigates Shooting of Two Handcuffed Prisoners by Derek Gilna Two handcuffed Nevada state prisoners held in administrative segregation at the high-security High Desert State Prison were shot by guards on November 12, 2014 after they began fighting, allegedly after those same guards deliberately encouraged them to fight. …
Article • November 8, 2016 • from PLN November, 2016
Eleventh Circuit Reverses Finding that Seizure of Prisoner’s Legal Mail Stated Claim by A Georgia federal district court, in denying a motion to dismiss, found an attorney has a Fourth Amendment right to “privacy and possessory interest in letters mailed to him, and that the government may not take and …
Article • November 7, 2016 • from PLN November, 2016
Allocation of Fault Required in Verdict Regarding Alaska Detainee’s Suicide; Case Settles for $900,000 by In September 2015, the Alaska Supreme Court vacated a $1,078,233 judgment in a lawsuit alleging the City of Hooper Bay was liable in the suicide of a 21-year-old detainee in a police holding cell. The …
Wayward Prosecutors Go Unpunished as Prison Time for Victims Piles Up by by Brooke Williams & Shawn Musgrave Massachusetts prosecutors have violated defendants’ rights to a fair trial regularly and without punishment, even as wrongfully convicted victims of tainted prosecutions have spent years in prison before being freed, decades of …
Private Prison Company Not Liable for Guard's Death in Riot by Lonnie Burton Corrections Corporation of America (CCA) successfully moved in federal court to dismiss a suit brought by the survivors of a guard who was killed by prisoners during a riot in 2012. On May 20, 2012, prisoners rioted …
Tennessee Jail Seizure Death Claims Survive Dismissal; Physician Claims Dismissed for No Deliberate Indifference Allegations by Mark Wilson A Tennessee federal court dismissed deliberate indifference claims against a jail doctor for a prisoner's seizure death, absent allegations of his personal involvement or awareness. The court refused to dismiss claims brought …
Article • October 31, 2016
Ohio Jail Prisoner's Assault-by-Guards Suit Settled for $7,000 by A federal civil rights action by an Ohio prisoner alleging multiple jail guards assaulted him without provocation was settled for $7,000 on April 9, 2014. Kevin Holcomb was incarcerated at the Lucas County jail in Toleo, Ohio on March 26, 2012, …
NY: Prisoner's Abuse Claim Survives Motion to Dismiss by Lonnie Burton On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification. The excessive …
MN: Jail Strip Search of Drug Suspect Held Constitutional by Lonnie Burton Jonathan Jacobson was arrested in 2009 for driving while under the influence of alcohol. He admitted to the Stewartsville, Minnesota police officer that he recently "smoked a bowl" of marijuana. Jacobson was booked in to the county jail …
Article • October 27, 2016
Los Angeles Sheriff and County Not Liable for Sexual Assault by Deputy by Lonnie Burton The U.S. Court of Appeals for the Ninth Circuit upheld the dismissal of a lawsuit brought by a woman who claimed she was sexually assaulted by a sheriff's deputy after she received a traffic ticket. …
Kansas Supreme Court Holds State Immune from Suit Over Murder by Escapee by Matthew Clarke On April 22, 2016, the Supreme Court of Kansas held that the son of a woman murdered by an escaped state prisoner could not sue the state for her personal injuries and wrongful death. The …
Colorado Guards Joke While Prisoner Dies from Easily Preventable Cause by Matthew Clarke The death of 35-year-old Colorado Department of Corrections (DOC) prisoner Christopher Lopez at the San Carols Correctional Facility on March 17, 2013, would have been rejected if submitted as a plot for a novel. It is too …
Petrolino v. City of San Francisco, CA, Order, Wrongful Death, 2016 Case 3:16-cv-02946-RS Document 54 Filed 10/24/16 Page 1 of 9 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 FABIO PETROLINO, et al., 7 Case No. 16-cv-02946-RS Plaintiffs, 8 v. 9 CITY AND COUNTY …
Moreira v. City of New York, NY, Interrogatories, 2016
Article • October 14, 2016
Prison-Area Cell Phone Companies Not Liable for Attempted Hit on Guard by Matthew Clarke In a March 25, 2015, opinion, the Fourth Circuit Court of Appeals held that cell phone service providers and owners of cell towers in the area around a South Carolina prison were not liable for the …
Article • October 3, 2016 • from PLN October, 2016
Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated by Mark Wilson The Sixth Circuit Court of Appeals has vacated a district court’s denial of qualified immunity because an individualized inquiry into the defendants’ role during an illegal body cavity search was not conducted. Felix …
Private Medical Contractors in Kentucky Not Entitled to Qualified Immunity by The Kentucky Court of Appeals held that a trial court improperly granted summary judgment to the defendants in a civil action alleging a prisoner received negligent medical care at the Hardin County Detention Center (HCDC). HCDC contracts with Southern …
Programmed to Kill: The Growing Epidemic of Cops Shooting Dogs by John W. Whitehead By John W. Whitehead, The Rutherford Institute - Commentary “In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety of …
Petrolino v. City of San Francisco, CA, Plaintiff's Opposition to Defendant's MTD, Wrongful Death, 2016 Case 3:16-cv-02946-RS Document 48 Filed 09/22/16 Page 1 of 22 1 JEFFREY L. BORNSTEIN – 099358 ERNEST GALVAN – 196065 2 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN GALVAN & GRUNFELD LLP 3 50 Fremont Street, …
D.C. Prisoner’s Stabbing Suit Nets $3,000 Settlement by The District of Columbia (D.C.) paid $3,000 to settle the negligence lawsuit of prisoner Cardell Richard Torney, Jr., for failure to protect his assault and stabbing. While being held at the D.C. Jail on December 27, 1998, Torney was stabbed by another …
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