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Article • November 15, 2011
$750 Settlement in Washington Public Disclosure Action Violation by Washington State paid $750 to settle a Public Disclosure Act violation claim brought by Benjamin L. Abolafya, who argued that the Special Commitment Center failed to “include a statement of the specific exemption authorizing the withholding of the redacted information” to …
Article • November 15, 2011
$950,000 Settlement in Wisconsin Police Shooting of Handcuffed Man by In May 2007, Wisconsin officials agreed to pay $950,000 to the family of a man who was shot in the head while handcuffed. In October of 2004, city of Portage police received information that Keith Galster, a convicted felon, had …
Article • November 15, 2011
$60,000 Settlement over Juvenile Civil Rights Violations at Youth Facility by A $60,000 settlement was reached in a civil rights action brought against guards at a New York youth facility. Prisoner James Sabater was incarcerated at the Tryon Residential Center on January 15, 2001 when he was assaulted by youth …
Article • November 15, 2011
$500 Settlement in California Prisoner Beating Suit by A California prisoner received a $500 settlement in a civil rights action claiming 8th Amendment violations for excessive force by ten prison guards. Prisoner Fred Smith was imprisoned at Corcoran State Prison when he was assaulted by prison guards J.C. Thomas, F. …
Article • November 15, 2011
$28,000 Settlement Reached in Abuse Case at Youth Facility by A $28,000 settlement was reached in a civil rights action claiming 8th Amendment violations at a New York youth facility. Prisoner Corey Devance Lewis was incarcerated at the Tryon Residential Center on February 6, 2001 when he exchanged words with …
Article • November 15, 2011
$35,000 Settlement in Personal Injury Negligence Suit Against California Department of Corrections by A California prisoner received a $35,000 settlement in a personal injury negligence suit. Prisoner Andre M. Smith was imprisoned at the California Men’s Colony on April 19, 2005. While getting off his bed, the chain broke and …
Article • November 15, 2011
$80,000 Award Reinstated in Illegal Seizure, Equal Protection Claim by The Third Circuit Court of Appeals has reversed a Delaware federal district court’s overturning of a jury’s verdict in a civil rights case that alleged Gregory Spence of the Delaware State Police falsely arrested, illegally seized, and maliciously prosecuted Courtland …
Article • November 15, 2011
$165,000 Settlement over Forced “Cold Turkey” Withdrawal from Prescribed Medication by A California prisoner received a $165,000 settlement in a civil rights action alleging deliberate indifference to his serious medical needs surrounding his forced “cold turkey” withdrawal from medication prescribed by prison doctors. Prisoner Charles Strain was prescribed medication for …
Article • November 15, 2011
$850,000 Federal Jury Award in Indiana Police Beating Suit by On April 14, 2011, an Indiana federal jury awarded $850,000 to a man beaten by police during arrest. According to court papers, Percy Perry was trying to take a window out of an abandoned building in Gary, Indiana when the …
Article • November 15, 2011
D.C. Circuit Reverses Arbitration Discussion for Guards by On July 8, 2011, the U.S. Court of Appeals for the D.C. Circuit set-aside an arbitration award obtained by federal prison guards against the Bureau of Prisons (BOP). In order to cut down on overtime costs, the BOP in 2004 reconfigured the …
Article • November 15, 2011
New York Prison Disciplinary Conviction Upheld by On June 9, 2011, New York’s Third Judicial Appellate Court affirmed a prisoner’s disciplinary conviction. Scott Irwin received a misconduct report after a scuffle with a guard that resulted in the discovery of a shank. Irwin was sanctioned initially to 30 months of …
Article • November 15, 2011
Judicial Conference Committee Disciplines Federal Judge for Membership in Discriminatory Country Club by Alex Friedmann In May 2011, PLN reported that the Sixth Circuit Judicial Council, on a vote of 10 to 8, had dismissed a misconduct complaint filed against a federal judge in Tennessee who was accused of being …
Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
Article • November 15, 2011
Filed under: Protective Custody
Prison Failed to Meet Good Faith Standard in Denying Basic Privileges to Prisoner Placed in Protective Custody by The U.S. Seventh Circuit Court of Appeals determined that defendants failed to meet a good faith standard. Malcome Little, an Illinois state prisoner, was victim to several sexual assaults and numerous instances …
Article • November 15, 2011
Tennessee Prison System Ruled Unfit for Human Habitation by The U.S. District Court of Tennessee determined the living conditions of Tennessee’s prisons were unfit for human habitation. Officials have known since 1937 what was necessary to correct prison housing problems, but failed to do so. The overcrowding exacerbated all other …
Article • November 15, 2011
Filed under: Media
Texas Prisoner’s Defamation Suit Dismissed by Federal Prisoner’s Defamation Suit Dismissed On June 17, 2011, U.S. District Judge Amy Berman Jackson dismissed a defamation suit filed by a federal prisoner against a Washington Post columnist. James Carpenter, a federal prisoner, sued Colbert I. King, a Washington Post columnist, after the …
Article • November 15, 2011
Sex Offender Designation Process Upheld by Louisiana Supreme Court by On July 1, 2011, the Supreme Court of Louisiana upheld the constitutionality of the Sex Offender Assessment Panel (SOAP) process. The Louisiana legislature enacted the SOAP in order to identify which sex offenders should be classified as either sexually violent …
Article • November 15, 2011
Suit against Private Prison Operator for Self-Dealing Remanded by On July 8, 2011, the U.S. Court of Appeals for the Tenth Circuit reversed and remanded for further proceedings a shareholder action brought against a private prison operator. Ravenswood Investment Company (RIC), a limited partner to Avalon Correctional Services, sued Avalon …
Article • November 15, 2011
Suit Challenging Election Surveillance May Go Forward, Second Circuit Decides by A lawsuit challenging the Foreign Intelligence Surveillance Act Amendments of 2008 (FAA) may proceed, the U.S. Court of Appeals for the Second Circuit decided March 21, 2011. The lower court dismissed the suit on standing grounds. Amnesty International, with …
Article • November 15, 2011
Washington Settles Shy Bladder Suit For $2,500 by On March 8, 2006, the State of Washington paid $2,500 to settle with a former state prisoner who sued two state employees in their individual capacities for violating his federal civil rights and the Washington Department of Corrections for failing to make …
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