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D.C. Agrees to Pay $2,700 to Settle FOIA/Civil Rights Claims Over Use of Tear Gas by On August 23, 2004, the District of Columbia agreed to pay $2,700 to a former prisoner at the D.C. Jail in order to settle two suits—one under the Freedom of Information Act (FIOA), and …
Article • May 15, 2011
D.C. Agrees to Pay $4,000 to Settle Lorton Prisoner’s Failure to Protect Suit by On August 24, 2001, the District of Columbia agreed to pay $4,000 to a man who was assaulted at Lorton Reformatory. Darnell Meeks was assaulted on June 23, 2000, while incarcerated at Central Facility, a portion …
Article • May 15, 2011
D.C. Agrees to Pay $8,500 after Denying Former Guard Severance Pay by On July 29, 2005, the District of Columbia agreed to pay $8,500 to settle claims by a former guard who claimed that he was improperly denied his severance pay. In 2001, John McCauley received a notice from his …
D.C. Settles Sexual Harassment and Retaliation Suit for $3,000 by On June 5, 2002, the District of Columbia agreed to settle a suit brought by a prisoner who was allegedly sexually harassed and then was retaliated against after reporting the harassment. Wallace Mitchell alleged that on or about December 27, …
D.C. Settles Gender- and Race-Based Work Discrimination Suit for $140,000 by On February 7, 2007, the District of Columbia agreed to pay $140,000 to a former Department of Corrections (DOC) employee who alleged that she was discriminated against because of her sex. Brenda Makins was terminated from her job at …
Article • May 15, 2011
Disabled Washington Prisoner Paid $15,000 for Concussion, Neck Injury by On October 14, 2004, the State of Washington paid $15,000 to settle with a prisoner who was injured when a handicapped shower bench collapsed at the Stafford Creek Correctional Center. The prisoner, who suffered severe neck injury, a concussion, and …
Article • May 15, 2011
TDCJ Pays $80,162.50 to Settle Suit over Truck Collision by In June, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to settle a lawsuit over a collision caused by a prisoner-driven tractor trailer for $80,162.50. On July 20, 2000, Texas state prisoner Richard Wayne Howe, Jr. was driving a …
Article • May 15, 2011
Filed under: Civil Procedure, Appeals, Juries
Washington Court of Appeals: Juror's Experiment Not Grounds for Reversal by On September 14, 2009, the Washington State Court of Appeals held that a juror's home experiment based upon testimony he heard in a murder trial was not misconduct and therefore not grounds for reversal of the conviction. Daniel Jay …
Seventh Circuit: Habitual Disciplinary Offender Finding Does Not Open Door to Attacking Prior Disciplinary Convictions by On September 12, 2008, the Seventh Circuit court of appeals held that a prison's finding that a prisoner was a habitual disciplinary offender and punishing him therefore does not open the door for a …
Article • May 15, 2011
Filed under: Appeals, Sentencing, Restitution
No Automatic Abatement upon Death of Defendant; Heirs May Be Substituted As Parties in Order to Contest Financial Obligations of Deceased Defendant by A criminal defendant who dies during the pendency of his appeal is not entitled to abatement of his conviction or restitution obligations, the Supreme Court of Washington …
Article • May 15, 2011
Judge Rejects Magistrate’s Report and Recommendation on Publications Ban by Senior U.S. District Judge Herman J. Weber has rejected a report and recommendation from a magistrate judge that recommended summary judgment for jail officials in a suit over the jail’s “no publications” policy. Ted Marcum sued the Butler County Sheriff …
Article • May 15, 2011
$1.5 Million Settlement in Deadly Police Shooting by After a jury found liability in a police officer’s shooting of a fleeting motorist, the Town of North Branford, Connecticut, paid $1.5 million to settle the matter. Officer Michael Breen made a traffic stop of a car driven by Steve Guerette on …
Article • May 15, 2011
$3,000 Settlement in Slip and Fall Case by On January 22, 2001, the District of Columbia agreed to pay $3,000 to a prisoner who slipped and fell after stepping into a drainage hole that lacked a protective grill. While housed at the maximum security facility CB#1 at Lorton Reformatory, Darryl …
Article • May 15, 2011
$8,000 Settlement in D.C. Assault Case by On October 7, 2003, the District of Columbia agreed to pay $8,000 to a prisoner who was assaulted with a metal pipe and homemade knife. On March 15, 2000, while on his way to the shower at Central Security Facility, John Garner was …
Article • May 15, 2011
D.C. Jail Prisoner Stabbed Multiple Times Receives $11,000 Settlement by On March 1, 2007, the District of Columbia agreed to pay $11,000 to a prisoner who was stabbed multiple times at the D.C. Jail. Melvin Givens was stabbed repeatedly in the back, head and stomach by another prisoner after exiting …
Article • May 15, 2011
$11,126.40 Settlement in Washington DOC Car Accident Claim by The State of Washington paid $11,126.40 to settle the lawsuit of Titus-Will Ford Inc. for vehicle damages due to driver negligence. While waiting for a clear intersection on December 4, 2003, in the left hand turn lane on S. Tacoma way, …
Article • May 15, 2011
Washington Prison Guard Paid $10,000 for Racially Derogatory Statement by On September 13th, 2004, the State of Washington agreed to settle a lawsuit filed by Janice Shepherd against her direct supervisor, Stanley Badger, and the Washington Department of Corrections. Shepherd alleged in the suit that Badger directed racially derogatory comments …
Washington Prison Guards Paid $65,000 for Harassment, Threats by Coworker by On October 28, 2006, the State of Washington paid $65,000 to settle a lawsuit filed by two female prison guards who were sexually harassed and physically threatened by a male coworker. The women filed suit in the U.S. District …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Article • May 15, 2011
Filed under: Guilty Pleas, Sentencing
Withdrawal of Guilty Plea Required for Washington Prisoner by David Reutter By David M. Ruetter The State of Washington Court of Appeals has held that a defendant is entitled to withdraw a guilty plea where he was not informed that he could not earn early release credits during the mandatory …
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