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Article • November 15, 2011
Summary Judgment Denied in Challenge to Booking Fee Program by Brandon Sample By Brandon Sample U.S. District Judge Robert J. Bryan denied a summary judgment motion filed by the City of Fife, Washington in a challenge it its booking fee program. Rafael Gonzalez was arrested for soliciting a prostitute. At …
Article • November 15, 2011
Summary Judgment Denied for Male Cops Who Strip Searched Female Arrestees by U.S. District Judge Ricardo S. Martinez has granted in part and denied in part a motion for partial Summary Judgment in a lawsuit by three women who allege they were forced to expose themselves to male cops. Cristen …
Article • November 15, 2011
Summary Judgment Reversed in Vermont DOC’s Suit Against Matrix Health Systems by On March 14, 2008, the Supreme Court of Vermont reversed the trial court's granting of summary judgment to Matrix Health Systems in a suit filed by the Vermont Department of Corrections (DOC) alleging breach of a two-year contract …
Article • November 15, 2011
Superior Court in California Enters Judgment on False Imprisonment Claim for $26,223.80 by The Superior Court of California, Alameda County, entered a $26,203.80 judgment in a false imprisonment claim. Jorge Gallegos was a prisoner in the California Department of Corrections (CDOC) serving a 12 year sentence that began on September …
Article • November 15, 2011
Tenth Circuit Bars Prisoner From Filing Claim In Forma Pauperis by The Tenth Circuit Court of Appeals ruled that Michael Lee Strope, also known as Gordon Eugene Strope, a prisoner in the state of Kansas, is barred from filing any further civil action informal pauperis (IFN). Before the court were …
Article • November 15, 2011
Texas: Dismissal of Prisoner’s Property Confiscation Claim Reversed Where TDCJ Contraband Rule “Not Unambiguous” by In February 2010, the Court of Appeals of Texas (Waco) reversed in part a trial court’s order dismissing as frivolous a prisoner’s suit alleging that prison officials wrongfully confiscated and thus converted his personal property …
Article • November 15, 2011
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, …
Article • November 15, 2011
Filed under: Money/Property, Restitution
Trial Court Erred in Extending Jurisdiction over Restitution Collection Outside Ten-Year Window by Brandon Sample By Brandon Sample The Court of Appeals for the State of Washington vacated an order extending a trial court’s jurisdiction to ensure collection of restitution order. The court’s decision comes in response to a personal …
Article • November 15, 2011
Two Oregon Cops Terminated for Child Sex Abuse by On April 1, 2011, a 21-year veteran of the Lane County Sheriffs Office in Eugene, Oregon submitted his resignation in lieu of being terminated for sexually abusing two minors. He also forfeited his law enforcement certification, barring future employment as a …
Article • November 15, 2011
Minneapolis Agrees to Pay $3 Million to Settle Theft/Official Oppression Claims Against Strike Force by Brandon Sample By Brandon Sample The City of Minneapolis agreed to pay $3 million to settle a class-action lawsuit over the operations of its now disbanded Metro Gang Strike Force (Strike Force). When the Strike …
Article • November 15, 2011
New Hampshire Supreme Court Reverses Dismissal of Indictments against Prisoner for Conduct Exposing Corrections Employee to Bodily Substances by Derek Gilna By Derek Gilna In a November 30 decision, the New Hampshire Supreme Court reversed a dismissal of indictments against Timothy Spade, a prisoner at the Hillsborough County House of …
Article • November 15, 2011
New York Court of Appeals Upholds Sex Offender Visitation Rights by The New York Court of Appeals, Third Division, upheld a family court’s ruling that the father who is convicted of 49 counts of child molestation of his male students be granted visitation rights with his young daughter. The New …
Article • November 15, 2011
New York Settles Wrongful Arrest Case for $35,000 by By Derek Gilna In a Stipulation and Order of Settlement filed with the United States District Court for the Southern District of New York on May 13, 2010, the City of New York has agreed to pay $35,000 to settle the …
Article • November 15, 2011
Ninth Circuit Affirms Jury Verdict Against TASER, But Reverses Damages Award by While affirming a jury verdict finding TASER International liable in the death of Robert Heston, a conservative Ninth Circuit panel effectively gutted the judgment by reversing the compensatory damages award to Heston's estate. Adding insult to injury, the …
Article • November 15, 2011
Ninth Circuit Reverses Conviction after Prosecutors Improperly Questioned Defendant about Details of Prior Conviction by By Brandon Sample The U.S. court of appeals for the Ninth Circuit reversed a defendant’s conviction for assaulting a guard after prosecutors improperly questioned the defendant concerning details of a prior bank fraud conviction. Daniel …
Article • November 15, 2011
No Immunity in Product Liability Suit Because of FDA Warning by In March 2011, the U.S. Supreme Court unanimously affirmed a Ninth Circuit holding that the makers of Zicam Cold Remedy (Matrixx Initiatives, Inc.) were potentially liable for failing to disclose reports of a possible link between their product and …
Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce …
Article • November 15, 2011
Filed under: Civil Procedure, Witnesses
Prisoners Not Entitled to Witness Fees by Prisoners are not entitled to witness fees, U.S. District Judge Michael Reagan recently held. Christopher Lekas, a prisoner at the Dixon Correctional Center in Dixon, Illinois, testified via video feed from prison in a civil rights action. After testifying, Dixon filed a motion …
Article • November 15, 2011
Ohio DOC Not Liable in Prisoner’s MRSA Death by An Ohio claims court held that the Ohio Department of Rehabilitation and Correction (ODRC) is not liable for a prisoner’s death in a wrongful death and medical negligence lawsuit. The court’s ruling was based upon community-acquired MRSA not being widely acknowledged …
Article • November 15, 2011
Filed under: Medical, Vision
$80,000 Settlement Reached in Eye Damage Suit against Washington Department of Corrections by An $80,000 settlement was reached in a suit filed against the Washington Department of Corrections (WDOC) for medical negligence resulting in partial loss of vision. In October 1997, Jerry Wilms was a prisoner at McNeil Island Corrections …
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