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Brief • May 26, 2015
Filed under: Jail Misconduct, Legal Mail
Mangiaracina v. Arpaio et al;. 9th Cir, Def Opening Brief, legal mail tampering, 2015 Case: 14-15271, 05/26/2015, ID: 9549562, DktEntry: 25-1, Page 1 of 43 No. 14-15271 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT __________________________________________________ Nick Mangiaracina, Plaintiff-Appellant, v. Joseph M. Arpaio, named as Sheriff Joe …
Dorn v. Michigan Department of Corrections, et al., MI, amended complaint, retaliation against HIV prisoner, 2015 Case 1:15-cv-00359-PLM Doc #15 Filed 05/27/15 Page 1 of 22 Page ID#75 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN DORN, Plaintiff, versus CASE NO.1: 15-cv-359 MICHIGAN …
Article • May 24, 2015
$1,750 Settlement in Treatment Delay at Tennessee CCA Prison by $1,750 Settlement in Treatment Delay at Tennessee CCA Prison Corrections Corporation of America (CCA) paid $1,750 to settle a lawsuit alleging it delayed to treat the broken ankle of a prisoner at the Metro-Davidson County Detention Center. Prisoner Shannon Stanton …
$1,500 Settlement for Prisoner’s Nude Perp Walk by CCA Employees by $1,500 Settlement for Prisoner’s Nude Perp Walk by CCA Employees Corrections Corporation of America (CCA) paid $1,500 to settle a lawsuit alleging guards at Hardeman County Correctional Institution stripped a prisoner and walked him through the prison. While working …
Article • May 24, 2015
Filed under: Sentencing
Washington: No Right to Be Present or to Counsel in Non-Discretionary Resentencing Hearing by Washington: No Right to Be Present or to Counsel in Non-Discretionary Resentencing Hearing On June 2, 2014, Division One of the Washington State Court of Appeals dismissed an appeal by a prisoner who argued his right …
Article • May 24, 2015
Two Men Win $8 Million for Wrongful Conviction by Two Men Win $8 Million for Wrongful Conviction Two Chicago men who spent more than 12 years in prison for a rape and murder they did not commit will receive $4 million each from the city. In 1988 Larry Ollins and …
Article • May 24, 2015
Texas Prisoner’s ADA and Deliberate Indifference Claims Survive Summary Judgment, Qualified Immunity by Texas Prisoner’s ADA and Deliberate Indifference Claims Survive Summary Judgment, Qualified Immunity The U.S. District Court for the Southern District of Texas has held in a Texas prisoner’s suit that one of two prison doctors was not …
Article • May 24, 2015
State Liable for Understaffing in New York Prisoner Assault by State Liable for Understaffing in New York Prisoner Assault A New York Court of Claims recently awarded $6,000 to a prisoner who was attacked and stabbed by another prisoner, finding that the state was liable for understaffing in the chow …
Article • May 24, 2015
South Dakota Supreme Court Affirms Death Penalty in Murder of Prison Guard by South Dakota Supreme Court Affirms Death Penalty in Murder of Prison Guard On August 13, 2014, the South Dakota Supreme Court in a 4-1 decision affirmed the death penalty for a man convicted of killing a prison …
Article • May 24, 2015
Filed under: Overdetention
New York Prisoner Prevails at Summary Judgment on False Imprisonment Claim by New York Prisoner Prevails at Summary Judgment on False Imprisonment Claim A New York state prisoner who was held in prison past his release date has prevailed on his motion for summary judgment establishing that DOC was 100% …
Article • May 24, 2015
Filed under: Malpractice
Prisoner Wins $1K for Too-Hot Heating Pad; State's Request to Dismiss for Late Filing Denied by Prisoner Wins $1K for Too-Hot Heating Pad; State's Request to Dismiss for Late Filing Denied After a trial in the New York Court of Claims, a state prisoner was awarded $1,000 after a heating …
Article • May 24, 2015
Filed under: Prisoner Property
Prisoner Compensated for Loss of Property by Prisoner Compensated for Loss of Property A state prisoner won a verdict in the New York Court of Claims to compensate him for property that was lost or destroyed when he was transferred between prisons in 2003. Al Green was incarcerated in the …
Article • May 24, 2015
Prisoner Awarded $750 in Excessive Force Case by Prisoner Awarded $750 in Excessive Force Case A prisoner at the Elmira Correctional Facility in New York won a $750 verdict in his claim that he was assaulted by two guards. Meshach Vallade filed suit in a New York Court of Claims, …
Article • May 24, 2015
Prison Hobby Shop Surcharge Upheld By California Court by Prison Hobby Shop Surcharge Upheld By California Court A California appellate court has upheld a ten percent surcharge imposed on the sale of prison inmates' hobby craft items, overturning a superior court order which held it to be unconstitutional. The case …
Article • May 24, 2015
Filed under: Mail Regulations
Postcard Only Mail Policy Upheld by Florida Federal Court by Postcard Only Mail Policy Upheld by Florida Federal Court A Florida federal district court granted summary judgment in favor of a past-card only mail policy implemented by The Palm Beach County Sheriff’s Office (PBSO). The court’s order came in a …
Article • May 24, 2015
Filed under: Mail Regulations
Post Card Only Claim Dismissed for Sparse Allegations of Fact by Post Card Only Claim Dismissed for Sparse Allegations of Fact A Georgia federal district court dismissed pre-trial detainees’ claims against policies at the Gwinnett County Jail relating to a “Post-card only” mail policy. The court’s order came at the …
Article • May 24, 2015
Parole Hearings Are "Prison Conditions" Subject to Exhaustion by Parole Hearings Are "Prison Conditions" Subject to Exhaustion The U.S. District Court for the Eighth Circuit has held that challenges to parole hearings implicate "prison conditions" and thus are subject to the administrative exhaustion requirements of the Prison Litigation Reform Act …
Article • May 24, 2015
Over $750,000 Awarded in California Wrongful Conviction by Over $750,000 Awarded in California Wrongful Conviction A California state compensation board recently awarded $756,900 to a man who wrongly spent nearly 21 years in prison for the death of his girlfriend’s child, now believed to have been an accident. The amount, …
$2,225 Awarded for 3 Months Wrongful Segregation by $2,225 Awarded for 3 Months Wrongful Segregation A New York state prisoner who claimed he was wrongfully kept in segregation for 89 days was awarded $2,225 by a New York Court of Claims judge in May 2012. The amount represented $25.00 for …
Article • May 24, 2015
Oregon Wrongful Imprisonment Time-Bar Dismissal Reversed by Oregon Wrongful Imprisonment Time-Bar Dismissal Reversed On March 26, 2014, the Oregon Court of Appeals held that if service of summons is completed within 60 days of filing a tort claim against a public body, the action is commenced the day the complaint …
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