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Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee …
Brief • November 1, 2016
Ruscher v. Ryan, AZ, Settlement, Failure to Protect, 2016 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Agreement'') is made between: (i) Jennie Povilat (fin/a) Jennie Daniels, surviving parent of Joshua Ruscher, Deceased, ("Povilat''); and (ii) Charles Ryan, Berry Larson, the Arizona Department of Corrections ("ADOC") and its …
Publication • November 1, 2016
Jails in Indian Country 2015, Department of Justice, 2016 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics November 2016, NCJ 250117 Todd D. Minton, BJS Statistician A n estimated 2,510 inmates were confined in 76 Indian country jails at midyear 2015, a 5.5% increase from the …
Tennessee Jail Seizure Death Claims Survive Dismissal; Physician Claims Dismissed for No Deliberate Indifference Allegations by Mark Wilson A Tennessee federal court dismissed deliberate indifference claims against a jail doctor for a prisoner's seizure death, absent allegations of his personal involvement or awareness. The court refused to dismiss claims brought …
Summary Judgment Reversed on Washington Guard's MRSA Claims by The Washington Court of Appeals held that factual disputes about whether a guard contracted MRSA on the job precluded summary judgment. In 2008, Cara Stinson worked as a seaman for the Washington state Department of Corrections (WDOC). She served as a …
Article • October 31, 2016
Ohio Prisoner's Dog Bite Suit Settled for $1,500 by The Ohio Department of Rehabilitation and Correction (DORC) settled a prisoner's dog bit lawsuit for $1,500 on August 28, 2014. Craig Meriwether was an Ohio state prisoner incarcerated at the Warren Correctional Institute on October 3, 2013, when, in a foyer …
NY: Prisoner's Abuse Claim Survives Motion to Dismiss by Lonnie Burton On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification. The excessive …
Brief • October 28, 2016
Pederson v. County of Plumas, CA, Mot to Enforce Consent Decree, Access to Dentures, 2017 Case 2:89-cv-01659-KJN Document 79 Filed 10/28/16 Page 1 of 29 1 2 3 4 5 6 7 8 9 10 Dan Stormer, Esq. [S.B. # 101967] Mohammad Tajsar, Esq. [S.B. #280152] HADSELL STORMER & RENICK …
Mentally Ill Texas Jail Prisoner Celled in Fetid Squalor for Months by Matthew Clarke Almost a year after a surprise inspection of the Harris County Jail in Houston, Texas by the Texas Commission on Jail Standards (TCJS) resulted in the discovery of a mentally ill prisoner who had been locked …
Maricopa County Jail's Prisoner Health Care Still Unconstitutional by Matthew Clarke With assistance from American Civil Liberties Union's National Prison Project (NPP) attorneys, plaintiffs were able to fend off an attempt to terminate a 37-year-old class-action civil-rights lawsuit challenging the provision of medical and mental health services to pretrial detainees …
Jail Officials Compelled to Provide Medical Reports in Wrongful Death Lawsuit by Lonnie Burton The United States District Court for the Northern District of Georgia has ordered the defendant in a lawsuit stemming from the beating death of a prisoner to provide county morbidity and mortality reports to the plaintiff …
Article • October 25, 2016
Eleventh Circuit Affirms Dismissal of Pretrial Detainee's Lawsuit for Unsanitary Conditions, Due Process Violations by Lonnie Burton On August 29, 2016, a three-judge panel of the Eleventh CircA.t U.S. Court of Appeals upheld an order of a federal district court in Alabama which dismissed the lawsuit of a pretrial detainee …
Article • October 25, 2016
Colorado Prisoner Sues Over Prison Officials' Failure to Treat Dental Infection by Matthew Clarke A Colorado state prisoner filed a federal civil rights action in September 2014, alleging denial of medical care for a dental infection that nearly killed him and left him with partial paralysis of his tongue and …
Colorado Guards Joke While Prisoner Dies from Easily Preventable Cause by Matthew Clarke The death of 35-year-old Colorado Department of Corrections (DOC) prisoner Christopher Lopez at the San Carols Correctional Facility on March 17, 2013, would have been rejected if submitted as a plot for a novel. It is too …
Article • October 25, 2016
Filed under: Jail Specific, Education
CA: Home School District of Incarcerated Youth with Disabilities Required to Pay for Their Education by Lonnie Burton The California Supreme Court has ruled that the home school district of an incarcerated youth in need of special education services is obliged to bear the cost of that student's education while …
Brief • October 25, 2016
Jones v. Prentice, IL, Merit Review, Failure to Protect, 2016 1:16-cv-01335-SLD # 14 Page 1 of 4 E-FILED Tuesday, 25 October, 2016 04:14:26 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS KOREY JONFS, ) ) Plaintiff, v. ) ) ) 16-CV-1335 ) S. PRENTICE, …
Article • October 24, 2016
9th Circuit Dismisses Most of Prisoner Wrongful Death Suit by Lonnie Burton The U.S. Court of Appeals for the Ninth Circuit has upheld the dismissal of the majority of a lawsuit brought by the estate of a prisoner who was beaten to death by his cellmate. In 1997, prisoner Daniel …
$40,000 for Federal Prisoner in Slip and Fall Case by Lonnie Burton On May 22, 2000, the U.S. Attorney General's Office reached a settlement agreement with a federal prisoner who had injured himself when he slipped and fell in his cell shower at the Federal Detention Center (FDC) near Seattle. …
Ekman v. AZ, AZ, Settlement, Failure to Protect, 2016 SETTLEMENT AGREEMENT, GENERAL RELEASE OF ALL CLAIMS, AND INDEMNITY AGREEMENT TIDS SETTLEMENT AGREEMENT, GENERAL RELEASE OF ALL CLAIMS, AND INDEMNITY AGREEMENT ("this Agreement") is intended by the parties as a release of all claims, known and unknown, past and present, and …
Hemstad v. Smith, LA, Complaint, 2016 Case 2:16-cv-15706-MVL-KWR Document 1 Filed 10/19/16 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BRYCE HEMSTAD * * * VERSUS * * RANDY SMITH, * ST. TAMMANY PARISH SHERIFF; * JACK STRAIN, FORMER * ST. TAMMANY PARISH SHERIFF; * DEP. …
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