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Article • May 15, 2011
Second Circuit Orders District Court to Decided Vote Dilution Case by On June 1, 2006, the Second Circuit court of appeals remanded a case challenging the legality of the New York felon disenfranchisement laws (FDL), New York Constitution, Art. II, § 3 and New York Election Law § 5-106. This …
Article • May 15, 2011
Filed under: Mail, Legal Mail
Sixth Circuit Affirms Dismissal of Michigan Legal Mail Case by Mark Wilson The Sixth circuit court of appeals affirmed a lower court’s sua spente dismissal of a Michigan prisoner’s suit against a guard for reading his legal mail two times and issuing him a misconduct report. Michigan prisoner Aubrey Stanley …
Article • May 15, 2011
Sixth Circuit Affirms Summary Judgment for Guard Accused of Excessive Force over Use of “Leg Sweep” by The U.S. Court of Appeals for the Sixth Circuit has affirmed a grant of summary judgment for a guard accused of excessive force against a prisoner. Trudy Griffen became disruptive during the booking …
Article • May 15, 2011
Sixth Circuit Orders Ruling On Unsealing of Sealed Criminal Case by On February 5, 2009, the Sixth Circuit ordered a district court to rule on a crime victim's motion to unseal a sealed criminal case. The criminal case was sealed on August 28, 2008. The victim, filed a motion to …
Article • May 15, 2011
Strip Search of Teen During Jail Tour Results in $150K Settlement by On September 9, 2003, the District of Columbia agreed to pay $150,000 to settle a lawsuit surrounding the unlawful strip search of a teenager during a tour of the D.C. Jail. On December 22, 2000, Reuben Minor was …
Article • May 15, 2011
Tenth Circuit: Grievance Restrictions Don't Excuse Failure to Exhaust by On June 23, 2010, the Tenth Circuit court of appeals held that the fact that a prisoner was placed on grievance restriction did not excuse his failure to exhaust administrative remedies when he failed to avail himself of the restricted …
Article • May 15, 2011
U.S. Extradition Services Settles Wrongful Death Suit by By Brandon Sample The family of a prisoner who was killed while being transported by a private prison transport company has agreed to settle its wrongful death suit. The parents of Shawn Talbot sued U.S. Extradition services after their son died while …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
Article • May 15, 2011
Washington DOC Agrees to Pay $20,000 for Miscalculating Sentence by On December 21, 2006, the state of Washington agreed to pay $20,000 to a former prisoner whose release date was miscalculated by Department of Corrections (DOC) officials. Lee Harper spent an extra 193 days in DOC custody after DOC staff …
Article • May 15, 2011
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
New York Prisoner Awarded $750 Following Assault by On November 26, 2007, New York prisoner, George Combes, was awarded $750 for injuries he suffered during an assault by another prisoner. He was in protective custody at the time of the incident, as was his attacker. State officials conceded liability in …
Article • May 15, 2011
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
Article • May 15, 2011
Referendum Petition Not Protected by First Amendment by On May 18, 2009, Senate Bill 5688 was signed by Washington's Governor, expanding the rights and responsibilities of state-registered domestic partners. On May 25, 2009, a referendum petition opposing the bill was submitted by Protect Marriage Washington (PMW) to the Secretary of …
TDCJ Releases Hold on Prisoner's Trust Fund Account by In August, 2006, Texas prisoner, Michael Gene David, signed a settlement agreement dismissing all claims in a lawsuit he filed pursuant to 42 U.S.C. § 1983 against TDCJ employee, Howard Hill, for retaliation and harassment. Represented by attorney Andrew Lehrman of …
Article • May 15, 2011
Filed under: Medical, Cardiovascular
Washington DOC Pays $4,500 to Settle Negligence Claim by On December 14, 2006, Washington State prisoner, Ronald Davis, filed a claim accusing DOC staff of failing to properly treat his medical condition. After experiencing severe chest pain, Davis alleged he was given only a "superficial exam" before being "declared fit …
Article • May 15, 2011
"Work Product" Exempted From Public Records Act by "Work Product" Exempted From Public Records Act On December 12, 2005, Washington State resident, David Koenig, submitted a request to the Pierce County Prosecutor under the auspices of that state's Public Records Act (PRA) for records pertaining to a specific criminal investigation. …
Article • May 15, 2011
Filed under: Work, Inability to Work
Fifth Circuit: Violating Texas Prisoner's Medical Work Restrictions States Claim by On April 21, 2009, the Fifth Circuit court of appeals held that a prisoner stated a viable claim when he alleged that prison employees forced him to work in ways that violated restrictions the medical department had placed on …
Article • May 15, 2011
Massachusetts Supreme Judicial Court Discharges Man after 16-Year Sentence Execution Delay by On November 6, 2007, the Supreme Judicial Court of Massachusetts held that a 16-year delay in the execution of sentences for multiple violent and sex offenses precluded execution of the sentences. Vith Ly, an immigrant from Cambodia living …
Article • May 15, 2011
Second Circuit: Jail Can Deny Paralegals with Prior Felonies Privileged Visits by On May 13, 2003, the Second Circuit court of appeals held that a New York jail could deny privileged visitation rights to paralegals with prior felony convictions. Rogers Hicks and John Ives are paralegals with prior felony convictions …
Second Circuit: Subjective Standard Applies to Pretrial Detainee Due Process Claims by On September 22, 2009, the Second Circuit joined the 1st, 4th, 5th, 6th, 7th, 8th, 10th and 11th circuits in holding that the subjective standard for deliberate indifference set forth by the U.S. Supreme Court in Farmer v. …
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