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Brief • May 12, 2004
Degorski v. Wilson, IL, Complaint, Jail Beating, 2004 Case: 1:04-cv-03367 Document #: 1 Filed: 05/12/04 Page 1 of 9 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS or::? u1 ~ . , •<J ( EASTERN DIVISION ' ( I .. . JAMES DEGORSKI, DOCKETED~ Plaintiff, MAY …
Chicago's Brutal Jail Guards by by Matthew T. Clarke A series of brutal beatings of prisoners by guards at the Cook County (IL) Jail in Chicago has already resulted in more than $1.5 million being paid to prisoner victims with several unsettled lawsuits still in court. Two jail guards resigned …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Article • December 15, 2003
Fourteenth Amendment Not Violated By Arrest Without Probable Cause by The U.S. Supreme Court held that an arrestee's allegation that his arrest without probable cause violated substantive due process did not state a claim under 42 U.S.C. § 1983. The petitioner surrendered to police upon issuance of a warrant charging …
Article • December 15, 2003
State Auditor: Illinois DOC Kept Sloppy Records of Guns and Money by According to a state auditor's report covering a two-year period ending June 30, 2002, the Illinois Department of Corrections (DOC) failed to keep proper track of all of its weapons. One weapon on the DOC inventory could not …
Inmate Compensation Program Applies to Federal Pretrial Detainees by Inmate Compensation Program Applies to Federal Pretrial Detainees, Is Exclusive Remedy for Work-Related Injury The Seventh Circuit Court of Appeals held that the Inmate Compensation Program (ICP) at 18 U.S.C. § 4126(c) applies to pretrial federal detainees. Leo Paschal was a …
Article • November 15, 2003 • from PLN November, 2003
Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide by Correctional Medical Services (CMS), a private provider of medical services to jails and prisons, lost a jury verdict in a case brought by a former Lake County, Illinois, Jail prisoner's estate alleging that CMS violated the prisoner's constitutional rights, …
Scandal-Ridden, Bankrupt MCI WorldCom Wins No-Bid California Prisoner Phone Contract by Marvin Mentor A renewed four-year no-bid prisoner phone contract was awarded in June, 2002 by the California Department of General Services to MCI WorldCom, a telephone conglomerate whose recent bankruptcy exposed the largest accounting fraud in US business history …
Article • October 15, 2003 • from PLN October, 2003
Family Awarded $229,000 Against CMS in Illinois Hepatitis C Jail Death by A jury has awarded the family of a prisoner who died while in the Kane County Illinois Jail $229,500. On May 16, 2002, after 92 hours of deliberation, the jury returned a verdict against Correctional Medical Services of …
Federal Appeals Courts Address Finality of Dismissals, Grievance Contents by In two, separate, unrelated cases, the Third and Seventh U.S. Circuit Courts of Appeals have addressed the finality of dismissals without prejudice, the contents of grievances, and various procedural points under the Prison Litigation Reform Act (PLRA) and prisoner suits …
Article • August 15, 2003 • from PLN August, 2003
Illinois Settles Visitor Strip Search Suit for $237,000 by by Matthew T. Clarke In 2001, the Illinois Department of Corrections (DOC) has settled a lawsuit by visitors who claimed strip searches conducted during their visit to the Pontiac Correctional Center (PCC) were unconstitutional. In 1997, Marylin Tompkins and Jess Burgess …
Article • July 15, 2003 • from PLN July, 2003
No Qualified Immunity When Denying Pain Medication by The Seventh Circuit US Court of Appeals affirmed summary judgment against an Illinois state prisoner's 42 USC § 1983 principal complaint alleging negligent medical treatment, but denied the defendants' qualified immunity defense to the included claim regarding denial of pain medications. John …
Gov. Ryan's Song by Mumia Abu-Jamal by Mumia Abu Jamal Illinois Gov. George Ryan, in the last passing days of his first and only term, saved the best for last. He sent shock waves across the nation when he issued four pardons to men sitting on the Condemned Units of …
Article • July 15, 2003 • from PLN July, 2003
Illinois Governor Commutes All Death Sentences by Michael Rigby On January 11, 2003 Governor George Ryan ensured himself a place in the history of criminal justice reform by commuting the death sentences of 167 people. It was the most sweeping act of its kind by a governor in U.S. history. …
Article • July 15, 2003 • from PLN July, 2003
Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating by A man who was brutally beaten by jail guards while in custody at the Cook County Jail in Chicago will receive $65,000 in a settlement approved in June 2002. Terry Phalen, now 42 and admittedly gay, was awaiting a …
Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident by The Seventh Circuit Court of Appeals held that a district court erred in failing to make findings of fact on critical issues, excluding the deposition testimony of a prisoner as hearsay, and in failing to conduct a …
Seventh Circuit Vacates $1.8 Million Award in BOP Suicide by by Mathew T. Clarke The Seventh Circuit Court of Appeals has reversed a case in which the survivors of a federal prisoner who committed suicide in jail received a $1.8 million award, rendering judgment in the government's favor. Robert Johnson, …
Failure to Allege Imminent Threat Precludes Justification Defenses in BOP Weapons Prosecution by The Seventh Circuit Court of Appeals held that the district court did not error in excluding evidence or argument regarding affirmative defenses of necessity and duress in trials for prisoners' weapon possession. On May 18, 1999, Terry …
Article • April 15, 2003 • from PLN April, 2003
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
State Tolling Statute Applied in § 1983 Action by John E Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative …
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