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Article • May 15, 2012
California: Guards and Other Prison Workers Agree to Contract Changes in Effort to Avoid Losing Jobs by In the wake of the U.S. Supreme Court’s decision in Plata v. Brown, which mandated that California comply with a lower-court order to reduce its prison population to 137.5 percent of the design …
Article • May 15, 2012
California Immigrant Shackling Case Certified as Class Action by A California federal court granted class certification in a case challenging a blanket policy and practice of shackling civil immigration detainees who appear in immigration court. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) "have implemented …
Article • May 15, 2012
California Prisoner's First Amendment Claim Survives Motion for Summary Judgment by In September 2011, U.S. District Judge Phyllis J. Hamilton issued an order tentatively permitting a California prisoner's First Amendment claim to proceed following the filing of a motion for summary judgment by the defendant prison officials in the case. …
Police Misconduct Costs Chicago Taxpayers Millions of Dollars by In December 2011, the Chicago City Council Finance Committee approved payments of more than $3 million to settle two lawsuits arising from the deaths of individuals held in custody by the Chicago Police Department. The Committee also approved payments totaling $850,000 …
Article • May 15, 2012
Filed under: Vermin, News
Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards by Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards In the unlikeliest of alliances, PETA (People for the Ethical Treatment of Animals), has joined Connecticut prisoners and guards in condemning the "barbaric slaughter” of woodchucks (aka ground hogs) …
Article • May 15, 2012
Correspondence between NY State Prisoners and Disability Advocates Inc. Held to be Privileged and Non-Discoverable by In December 2004, the U.S. District Court for the Southern District of New York granted a protective order filed by Disability Advocates, Inc. (DAI), the plaintiff in a civil action against the New York …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
Article • May 15, 2012
DOJ Investigation Forces Indiana Juvenile Teacher License Upgrade by The Indiana Court of Appeals upheld a lower court's conclusion that prison officials had the authority to require prison teachers to obtain a special education license. The court reversed the lower court's holding, however, that prison officials were required to comply …
Article • May 15, 2012
Prison Guard's Racial Demotion Nets $18,000; Court Approves $82,000 Attorney Fee Award by A federal jury found that an African-American Wisconsin prison guard was demoted on the basis of race. The parties stipulated to damages of $18,000 and the court awarded attorney's fees of $82,000. In 1997, Mr. Davis was …
Article • May 15, 2012
Filed under: Medical, Cancer
California Prison System Settles Untreated Cancer Case for Undisclosed Sum by A settlement was reached in a lawsuit claiming prison medical personnel failed to provide treatment for a growing cancerous lump in a prisoner’s neck. When Dean L. Brooks, a prisoner at California’s Calipatria State Prison, noticed a lump on …
8th Circuit Court of Appeals Examines Possession in Prison Searches by The 8th Circuit Court of Appeals affirmed a Missouri federal district court’s dismissal of a petition for writ of habeas corpus that alleged denial of due process. Petitioners Carroll James Flowers and Christopher Michael Danner instituted separate actions against …
Alaska Scope-of-Employment Certification Reviewable; State Immune from Guards' Excessive Force by The Alaska Supreme Court held that the Attorney General's certification that Defendant prison guards were acting within the scope of their employment is subject to judicial review. The Court also held that the State was immune for a prisoner's …
Alaska Supreme Court Resolves Jail Funding Fight by The Alaska Supreme Court held that the State's duty to house prisoners in the Kotzebue Regional Jail ceased when the contract between the City and State expired, but it owed a continuing duty to transport prisoners to court. "Built in 1988, the …
6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" by Derek Gilna 6th Circuit Upholds SORNA Conviction Despite Incomplete State "Implementation" By Derek Gilna David Wayne Felts' conviction for failure to register under the Sex Offender Registration Notification Act (SORNA) was upheld by the Sixth Circuit Court of Appeals, which …
Article • May 15, 2012
Filed under: Sentencing
Arkansas Supreme Court Orders Sentencing Court to Run Two Sentences Concurrently by By Derek Gilna The Arkansas Supreme Court had granted the appeal of prisoner Joe Louis Kelley, Jr., who had filed a petition for declaratory judgment and a writ of mandamus to compel the sentencing court to correct an …
Article • May 15, 2012
California: Cop Blasts 7-Year-Old Special Ed Student with Pepper Spray; San Mateo Pays $55,000 to Settle Federal Lawsuit by In December 2011, San Mateo (California) officials agreed to pay $55,000 to settle a federal lawsuit filed by the family of a 7-year-old special education student who, in June 2010, was …
Article • May 15, 2012
California Court of Appeal Grants Habeas Relief to Lifer Following Initial Board Appearance by In January 2012, in an unpublished opinion, the California Court of Appeal granted habeas relief to a life prisoner who challenged the decision of the Board of Parole Hearings to deny him parole at his initial …
District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case by In March 2011, the Honorable George H. King, U.S. District Judge for the Central District of California, awarded $299,400 in attorneys' fees and $4,317.44 in costs to a plaintiff who prevailed on her claims of excessive …
Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim by The Seventh Circuit Court of Appeals dismissed a Wisconsin deputy sheriff's retaliation and state law claims against his boss. On May 17, 2007, Milwaukee County Deputy Sheriff David Hutchins called into a popular talk radio show and made critical comments about …
Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard by The Seventh Circuit Court of Appeals affirmed the dismissal of excessive force claims against an Illinois police chief. Illinois Department of Corrections guard David Backes is a veteran of the Persian …
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