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Florida Prisoner’s Retaliation Claim Reinstated by The Eleventh Circuit Court of Appeals reversed the dismissal of a Florida prisoner’s civil rights action alleging retaliation and due process violations. The Florida federal district court dismissed the action during the initial screening state, finding that prisoner Glenn Smith failed to state a …
Article • November 15, 2011
FOIA’s Privacy Exemptions Do Not Apply to Corporations, Supreme Court Holds by Exemption 7(c) of the Freedom of Information Act (FOIA) allows the withholding of records that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” 5 U.S.C. § 552 (b) (7) (c). The third circuit held …
Article • November 15, 2011
Former Michigan Prisoner Awarded $1.27 Million for False Arrest and Malicious Prosecution by A Michigan federal jury awarded a former prisoner $1.27 million in a malicious prosecution lawsuit. After she was robbed at gunpoint, Tevya Urquhart was arrested, found guilty and sentenced to prison. After her successful appeal, Urquhart filed …
Article • November 15, 2011
Filed under: Sentencing
Full Resentencing Not Required to Correct Error in Pretrial Credit Award by The Division III Court of Appeals for the State of Washington has affirmed a trial court’s ex parte modification of a defendant’s sentence that awarded him two additional days of pretrial credit. Waldo Emerson Waldron-Ramsey filed a personal …
Article • November 15, 2011
L.A. County Sheriff’s Department Settles Police Shooting Case for $150,000 by The Los Angeles County Sheriff’s Department (LACSD) offered a six-figure settlement to a gunshot victim rather than risk civil proceedings. Salvador Montoya filed suit alleging he was shot without cause by an LACSD deputy. Montoya was walking in the …
Article • November 15, 2011
Illinois Public Defender Documents Exemptions Discussed by Illinois’ First District Court of Appeal held that a trial court’s use of “one-size-fits-all, generic and conclusionary” affidavits to determine the City of Chicago’s motion to dismiss a prisoner’s document request “is rubber stamp judicature,” and the court said it would “decline to …
Article • November 15, 2011
Massachusetts Highest Court Upholds Damages Awards to State Prisoners Unlawfully Transferred to Federal Prisons by In 1989, the Supreme Judicial Council of Massachusetts affirmed the award of damages to eight state prisoners who were unlawfully transferred to federal out-of-state institutions without the procedural protections afforded to them under departmental regulations. …
Article • November 15, 2011
New York Prisoner’s Medical Experimentation Complaint Improperly Dismissed by The Second Circuit Court of Appeals reversed a New York federal district court’s dismissal of a prisoner’s claim that he was subject to “inhumane treatment” by having medical experiments conducted on him. The 1971 claim of prisoner Otis Clay was brought …
Article • November 15, 2011
Mentally Ill Oregon Prisoner Pleads Guilty to Death Threats against President by A mentally ill Oregon prisoner pleaded guilty to threatening President Barack Obama. In August 2007, David Earl Anderson, a white separatist, was sentenced to prison for identity theft, supplying contraband and using a minor in a drug offense, …
Article • November 15, 2011
Filed under: Sentencing, Parole
U.S. Magistrate Rules New York Parole Policy Unconstitutional by by Derek Gilna In a U.S. Magistrate's report to U.S. District Judge George B. Daniels of the Southern District of N.Y., the New York State Division of Parole's (DOP) policy of computing parole violators' misdemeanor sentences was found to be unconstitutional. …
Article • November 15, 2011
U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes by U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes The U.S. Supreme Court held that the touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner that …
Article • November 15, 2011
Unremembered Massachusetts Police Station Beating Actionable Under Fourth Amendment by On November 24, 2010, a Massachusetts federal court ruled that a man who couldn't remember the circumstances of his being beaten in a City of Worcester, Massachusetts police station holding cell could nonetheless sue the police officer he suspected of …
Article • November 15, 2011
Unsafe Working Conditions Suit Allowed to Proceed Against Pennsylvania Prison Officials by U.S. Magistrate Judge Martin C. Carlson has granted in part and denied in part a motion for summary judgment filed by prison officials accused of deliberate indifferent and negligence. Keith Petry sued various Pennsylvania prison officials alleging 8th …
Article • November 15, 2011
Filed under: Mail, Mail Regulations
US District Court in South Carolina Rules against Prisoner Challenging Withholding of Mail to Prisoner that Violated Jail Policies by By Derek Gilna In a decision published September 14, 2010, the United States District Court for the District of South Carolina, in the matter of Michael R. Ray v. Sheriff …
Vermont Court Passes on Resolving Whether Prison Health Services is Subject to Vermont’s Public Records Act by Brandon Sample By Brandon Sample A Vermont Superior Court passed on resolving whether Prison Health Services (PHS) is subject to Vermont’s Public Records Act (PRA). David Sleigh submitted a PRA request to PHS …
Article • November 15, 2011
Washington DOC Has Sole Authority over Prisoner Placement by The State of Washington Court of Appeals held that the Department of Corrections (DOC) has the sole authority to determine the prison in which a prisoner will be placed. The court’s ruling came in DOC’s appeal of restrictions on prisoner Marcus …
Article • November 15, 2011
Washington DOC Pays $1,100 for Failing to Provide Kosher Meals by On August 16, 2004, the State of Washington paid $1,100 to settle with a state prisoner who sued the Department of Corrections for failing to provide kosher meals. The suit was filed in the U.S. District Court for the …
Article • November 15, 2011
Washington DOC Settles Employee’s Sexual Harassment Claim For $32,000 by On February 6, 2006, the State of Washington paid $32,000 to settle with a Department Of Corrections employee who claimed she was sexually harassed while employed at the Pine Lodge Pre¬release Facility. From January 1, 2001, through June 2003 Plaintiff …
Article • November 15, 2011
Washington: Financial Obligations to Crime Victims’ Compensation Account Persist Through Incarceration by The Court of Appeals of the State of Washington has affirmed a trial court’s order denying a prisoner’s motion to determine legal financial obligations (LFOs) imposed as part of his sentence. Sherman Pulley was sentenced in 1995 to …
Article • November 15, 2011
South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access by South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access By Derek Gilna In an action brought by prisoner Korell Robert Floyd Battle against Sheriff …
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