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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 …
Article • May 15, 2012
California Settles Prisoner's Improperly Confiscated Property Suit for $200 by Lorenzo Fosselman, Jr., a California state prisoner, filed a state civil action alleging that R. Morring, a guard at the Salinas Valley State Prison, confiscated 10 compact discs and 10 cassette tapes from him and failed to record the confiscation. …
LAPD Cop Awarded $3.1 Million for Retaliation by On September 22, 2008, a jury awarded $3.1 million to a Los Angeles Police Department (LAPD) officer who was retaliated against for reporting that his supervising officer used racial epithets and possibly embezzled department funds. Twenty-five year LAPD veteran Robert Hill, who …
Article • May 15, 2012
Maine: Final Order of Protection Vacated where Prisoner Not Afforded Opportunity to be Heard by In December 2011, the Maine Supreme Judicial Court vacated a district court judgment granting an order of protection from abuse where the alleged abuser had advised the court that, because he was incarcerated, he would …
Maine Jailer Settles Federal Discrimination Suit by A former Maine jail guard accepted an undisclosed sum to settle his federal discrimination suit against his former employer. In March 2009, Hancock County Jail guard Brad Ewing suffered a back injury during a scuffle with a prisoner. Ewing was placed on medical …
Article • May 15, 2012
Maryland: Off-Duty Deputies Liable for Mass Purchase of Newspaper Critical of Sheriff on Eve of Election by In 2004, on remand from the Fourth Circuit, the U.S. District Court for the District of Maryland held that neither qualified nor statutory immunity shielded off-duty deputies from liability for damages for making …
Article • May 15, 2012
Filed under: Visiting
Sixth Circuit Affirms Michigan Jail's No-Contact-Visiting Rule by The Sixth Circuit Court of Appeals has held that prisoners do not have a constitutional right to contact visitation. While in pre-trial status at Saginaw County Jail, Michigan in 1975, plaintiff James O’Bryan, et al, challenged, among other issues, the Saginaw County …
Article • May 15, 2012
Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna By Derek Gilna In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required …
Article • May 15, 2012
Human Rights Watch Report Faults ICE for Improper Treatment of Mentally Disabled Aliens by Derek Gilna By Derek Gilna A 2010 study by Human Rights Watch highlights abuses suffered by mentally disabled aliens, both legal and illegal. According to Human Rights Watch, "Every year, several hundred thousand people in the …
Idaho Population Caps Continue; Class Counsel & Representatives Reappointed by Idaho Population Caps Continue; Class Counsel & Representatives Reappointed On December 18, 2007, a federal court in Idaho re-appointed Class Representatives and ordered attorney fees for Plaintiffs' counsel in a long-running Idaho Department of Corrections (IDOC) overcrowding case. In 1987, …
Illinois: Prisoner Who Commits Disciplinary Infraction May Also Be Prosecuted In Court by In November 2011, the Illinois Court of Appeal held that a single unlawful act by a state prisoner may give rise to both disciplinary and criminal charges. In August 2000, Anthony Gay, a prisoner at Pontiac Correctional …
Illinois DOC Control Unit Case Certified as Class Action by An Illinois federal court certified a suit related to prisoner confinement in an Illinois Department of Corrections (IDOC) maximum security unit as a class action. Thirty-two past and present prisoners of the Tamms Correctional Center (Tamms) maximum security unit brought …
Article • May 15, 2012
Filed under: Sentencing, Parole
Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative by Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative In a consolidated appeal of cases from Cook County and Livingston County in the State of Illinois, the Illinois Supreme Court has recognized the power of a county probation department to …
Article • May 15, 2012
Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna By Derek Gilna In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied …
Article • May 15, 2012
35,948 Arrested Yesterday by Maya Schenwar Wednesday, 23 May 2012 11:16 By Maya Schenwar, Truthout Last Friday, the day the NATO 3 were arrested, approximately 35,948 people were arrested across the United States. On Sunday, when at least 45 protesters were arrested at Chicago's NATO summit protests, approximately 35,948 Americans …
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 …
Article • May 15, 2012
Filed under: Work, Workers' Compensation
Injuries Sustained As Result of Illegal Activity Not Compensable under Wyoming Worker's Compensation Act by In November 2011, the Wyoming Supreme Court held that a prisoner who is injured on the job as the result of an altercation with another prisoner is not eligible for workers' compensation benefits. Steven DeLoge, …
Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez …
Article • May 15, 2012
Excessive Force by Des Moines Police Officers Leads to Proposed Settlement of $500,000 by In September 2011, the Des Moines City County voted on a $500,000 proposed settlement to end a federal lawsuit filed by a couple allegedly assaulted by two Des Moines police officers following a traffic stop. In …
Article • May 15, 2012
Federal Court Certifies Class in Lawsuit Challenging Adequacy of Safeguards Provided To Mentally Incompetent Aliens in Immigration Proceedings by In November 2011, the Honorable Dolly M. Gee, U.S. District Judge for the Central District of California, certified a class in a suit alleging a systemic failure on the part of …
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