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Article • October 10, 2014 • from PLN October, 2014
Filed under: Editorials, PLN Litigation
From the Editor by Paul Wright From the Editor by Paul Wright This month’s cover story about the Washington Department of Corrections killing prisoner Ricardo Mejia through medical neglect is in many ways an old one. Over the past 24 years, PLN has run hundreds of articles about prisons and …
Texas Court Finds CCA Subject to State’s Public Information Act, Awards Attorney Fees by Texas Court Finds CCA Subject to State’s Public Information Act, Awards Attorney Fees On September 15, 2014, a Travis County District Court entered a final judgment that found Corrections Corporation of America (CCA), the nation’s largest …
Article • October 10, 2014 • from PLN October, 2014
$750,000 Settlement for Washington State Prisoner’s Wrongful Death by Carrie Wilkinson $750,000 Settlement for Washington State Prisoner’s Wrongful Death by Carrie Wilkinson Although Prison Legal News and its parent organization, the Human Rights Defense Center (HRDC), are best known for litigation involving censorship by prison and jail officials, HRDC also …
Article • October 10, 2014 • from PLN October, 2014
In Washington State Prisons, Negligent Health Care Turns Illness into a Death Sentence by Rick Anderson In Washington State Prisons, Negligent Health Care Turns Illness into a Death Sentence Ricardo Cruz Mejia went to prison a murderer, he left a victim. by Rick Anderson Ricardo Cruz Mejia’s final days began …
Brief • October 10, 2014
Filed under: Classification, Death Row
Fanus v ODOC, OR, Order Granting PI , falsely housed on Death Row, 2014 UNITED STATES DISTRICT COURT DISTRICT OF OREGON JESSE FANUS, Plaintiff, 6:14-cv-00935-AA v. ORDER JEFF PREMO, Defendant. AIKEN, District Judge. Plaintiff, an inmate in the custody of the Oregon Department of Corrections (ODOC), filed a complaint under …
Brief • October 9, 2014
Hesterberg v. United States, CA, Opinion, Excessive Force by Taser, 2014 Case3:13-cv-01265-JSC Document123 Filed10/09/14 Page1 of 36 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 GARY HESTERBERG, Plaintiff, v. Case No. 13-cv-01265-JSC UNITED STATES OF AMERICA, OPINION Defendant. 10 United States …
Brief • October 9, 2014
Filed under: False Arrest
Scott v Govt of DC, DC, Opp to Def MTD, false arrest, 2014 Case 1:14-cv-00817-GK Document 22 Filed 10/09/14 Page 1 of 46 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DeANGELO SCOTT, et al. Plaintiffs No: 14-817 (GK) v. GOVERNMENT OF THE DISTRICT OF COLUMBIA Defendant PLAINTIFFS’ OPPOSITION …
Brief • October 9, 2014
Orr v. California Highway Patrol, CA, Deposition - Brame 1, use of video recording, 2014 ORR v. CALIFORNIA HIGHWAY PATROL VIDEOTAPED DEPOSITION OF JAY BRAME CONDENSED TRANSCRIPT October 9, 2014 CRANGLE REPORTING SERVICES (510) 653-1312 www.cranglereporting.com VIDEOTAPED DEPOSITION OF JAY BRAME VIDEOTAPED DEPOSITION OF JAY BRAME UNITED STATES DISTRICT COURT …
Brief • October 8, 2014
Thomas v. Community Educ. Ctrs., Inc., TX, Complaint, Sexual Assault by Transport Officer, 2014 Case 4:14-cv-00648 Document 1 Filed 10/08/14 Page 1 of 16 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION DEBRA THOMAS, and NATALIE DAVIS, Plaintiffs, v. COMMUNITY EDUCATION CENTERS, INC., …
Brief • October 8, 2014
Genao v. City of New York, NY, Complaint, Excessive Force Rikers Island, 2014 / Case 2:14-cv-08122-AT Document 1 Filed 10/08/14 Page 1 of 19 JUDGE TORRES UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 14 CV GABINO GENAO, Plaintiff, - against CITY OF NEW YORK; Former Commissioner DORA B. …
Brief • October 7, 2014
Bodnar v. County of Riverside, CA, Settlement Agreement, Denial of Cleaning Supplies in Prison, 2014 SETILEMENT AGREEMENTAND RELEASE This SettlementAgreementand Release("Agreement")is entered into by and between plaintiff Thomas Bodnar ("Plaintiff'), on the one hand, and the County of Riverside ("Defendant"),on the other hand (collectively,the "Parties").All referencesin this Agreement to a …
Brief • October 6, 2014
Tchatat v. City of New York, NY, Opp. to MtD, False Arrest & Excessive Force by Best Buy Security and NYPD, 2014 Case 1:14-cv-02385-LGS Document 121 Filed 10/06/14 Page 1 of 37 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X JOSIAS TCHATAT, ) ) Plaintiff, ) ) -against) …
Brief • October 6, 2014
Filed under: Religious Diet
Hall v Martin MDOC, MI, Def BIS MIL re Recovery of Damages, religious diet, 2014
Article • October 5, 2014
Filed under: Restitution, Juveniles
No Jury Determination of Oregon Juvenile Restitution by Mark Wilson No Jury Determination of Oregon Juvenile Restitution   by Mark Wilson   On October 3, 2013, the Oregon Supreme Court held that juveniles do not have a constitutional right to a jury determination of the amount of restitution they owe. …
Article • October 5, 2014
New York: Illegal Application of Parole Condition Clearly Established by New York: Illegal Application of Parole Condition Clearly Established   The Second Circuit Court of Appeal has held that its ruling in Earley v. Murray, 451 F.3d 71 (2d Cir. 2006) clearly established the unconstitutionality of New York prison officials …
Article • October 5, 2014
State of Washington Settles in Prisoner’s Retaliatory Segregation Claim by State of Washington Settles in Prisoner’s Retaliatory Segregation Claim   The State of Washington reached a settlement of $11,000 and appropriate dental care in February 2004 with Patrick J. Hoffman, a prisoner at Stafford Creek Correctional Center, Intensive Management Unit. …
Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners by Texas Supreme Court Holds TDCJ Immune in Suit Alleging Sexual Assault of Prisoners   On October 26, 2102, the Texas Supreme Court held that the Texas Department of Criminal Justice – Community Justice Assistance Division (TDCJ) …
Article • October 5, 2014
D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy by Derek Gilna D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy   by Derek Gilna   A John Doe plaintiff, a U.S. citizen and employee of an American-owned defense contracting firm performing Arabic translating …
Article • October 5, 2014
Fifth Circuit: Exhaustion Mandatory Prior to Filing § 1983 Suit by Fifth Circuit: Exhaustion Mandatory Prior to Filing § 1983 Suit   On December 12, 2012, the Fifth Circuit Court of Appeals held that exhaustion of administrative remedies must be completed prior to the filing of a civil rights action …
Article • October 5, 2014
Willfulness Must be Proven to Violate Florida Probation for Failure to Pay by Willfulness Must be Proven to Violate Florida Probation for Failure to Pay   The Florida Supreme Court has held it is unconstitutional to make a finding of a probation violation without inquiring into the probationer’s ability to …
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