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Article • May 15, 2012
Sixth Circuit Holds Lethal Injection Protocol Challenge Time Barred by The Sixth Circuit Court of Appeals affirmed a lower court's holding that a condemned Ohio prisoner's lethal injection procedure challenge was time-barred. In 1986, Richard Cooey, II was convicted of aggravated murder and sentenced to death in Ohio. His appeal …
Article • May 15, 2012
Sixth Circuit Reverses Dismissal of Tennessee Prisoner’s Medical Claim by The Sixth Circuit Court of Appeals reversed a lower court's dismissal for failure to state a claim, in a Tennessee prisoner's inadequate medical care suit. On June 26, 2004, Shelby County, Tennessee, detainee Robert Lee Barnett became ill when Nurse …
Article • May 15, 2012
Soy-Based Meals: Cruel & Usual in Florida by Soy-Based Meals: Cruel & Usual in Florida "Excessive soy can be toxic to the thyroid gland," according to Sally Fallon Morell, president and treasurer of the Weston A. Price Foundation. "It can have hormonal effects." Of course, the excessive flatulence and cramping …
Summary Judgment Motion Filed With Amended Complaint Premature by A California federal court denied sheriff's deputies summary judgment in their action alleging discriminatory employment practices. The court agreed with Defendants that the motion was premature. In October 2006, the San Francisco Sheriff's Department (SFSD) instituted a policy requiring that only …
Article • May 15, 2012
Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition by Tennessee Appeals Court Denies Prisoner's "Coram Nobis" Petition Prisoner George Campbell Jr.'s appeal of the order of the trial court denying his petition for "coram nobis" relief has been dismissed by the Court of Criminal Appeals of Tennessee at Jackson. Campbell …
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections …
Tennessee CCA Warden Fails to Prove Non-Exhaustion in Prisoner’s Excessive Force and Retaliation Suit by A Tennessee federal court denied prison officials summary judgment for non-exhaustion under the Prison Litigation Reform Act, finding that they failed to satisfy their burden of proving non-exhaustion. James Ingram was a prisoner at the …
Article • May 15, 2012
Tennessee Court Grants Prisoner’s Investigative Record Request by The Chancery Court of Shelby County, Tennessee, for the Thirtieth Judicial District at Memphis, has granted a Tennessee prisoner, George Campbell, his request for the complete investigative record of his case covering the death of Kevin M. McConico from the Sheriff of …
Third Circuit Troubled by Courtroom Shackling of Prisoners by The Third Circuit Court of Appeals expressed concern about shackling prisoners during a civil jury trial. However, the court concluded that any error was harmless, given a cautionary jury instruction. Anthony Sides was a prisoner at Pennsylvania's SCI Greene Correctional Facility, …
Article • May 15, 2012
Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim by The Third Circuit Court of Appeals reversed summary judgment for prison officials on a Pennsylvania prisoner's retaliation claim. Patrick Toussaint is a prisoner of the State Correctional Institution at Cresson, Pennsylvania. In 2005, he brought federal suit alleging retaliation, denial …
Article • May 15, 2012
Pro Se Lawyer Not Entitled to FOIA Attorneys' Fees by The Second Circuit Court of Appeals held that a lawyer who represents himself in Freedom of Information Act (FOIA) litigation cannot recover attorneys' fees under 5 USC § 522(a)(4)(E). James E. Pietrangelo, II, "served as a judge advocate with the …
Colorado District Court Examines Responsibility in Issuing Search Warrants Following $425,000 Settlement for Illegal Computer Search by A $425,000 settlement was reached in December, 2011 in a federal civil rights action against a prosecutor who approved an application for an illegal search. It may be the first ruling of its …
Utah Private Corrections Center Employees under Federal Indictment for Evidence Tampering by A federal investigation resulted in criminal charges against two employees of a Salt Lake City, Utah corrections center for federal prisoners. A federal probe targeted Cornell Community Corrections Center, a private corporation that contracts to house prisoners who …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Article • May 15, 2012
Filed under: News, State Legislation
Washington Impound Law Does Not Bar Conversion Action by The En Banc Washington State Supreme Court held that the statutory process for redeeming impounded vehicles is not an exclusive remedy. As such, the court held that a person whose vehicle is unlawfully impounded may bring a conversion action against the …
Article • May 15, 2012
Washington Public Records Act Dismissal Reversed by The Washington state Court of Appeals reversed a trial court's dismissal of a claimed Public Records Act (PRA) violation. The court also held that Plaintiff was entitled to costs and penalties for the County's failure to timely produce the requested records. Relying on …
Article • May 15, 2012
Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC by The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence. Randy Linerud pled guilty to failing to register as a sex offender …
Washington Supreme Court Reverses Judge's Indigency Status Denial by The En Banc Washington state Supreme Court reversed a lower court's denial of a judge's motion for indigency status. Soon after he was elected to the Pierce County Superior Court Bench, Judge Michael A. Hecht was convicted of felony harassment and …
Article • May 15, 2012
Oregon Jail Guard Stabbed in the Face with Pencil by On August 7, 2011, two prisoners stabbed a guard in the face with a pencil at the Washington County Jail (WCJ) in Hillsboro, Oregon. Deputy Adam Slater, 27, was working at a desk at about 4 p.m., on Sunday, August …
Article • May 15, 2012
Oregon Off-Duty Police Dog Bite Claim Nets $82,500 by The Washington County Sheriff's Department, in Hillsboro, Oregon, paid a family $82,500 after an off-duty police dog attacked their child. In November 2004, the mother of Tyler Cox, off-duty Washington County sheriff's deputy Kelly McLeod and off-duty K-9 handler, Deputy Charles …
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