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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 …
Article • May 15, 2011 • from PLN May, 2011
Federal Bureau of Prisons Director Retires in Wake of DUI Arrest by by Brandon Sample It is a familiar pattern for many prominent public officials. Get caught breaking the law, express remorse for your actions, and then tender your resignation. But make sure to claim that your resignation had nothing …
Massachusetts Prisoner Suicides More Than Four Times National Average by Mark Wilson Massachusetts has a relatively low state prison population, with approximately 11,000 prisoners. Yet its annual prisoner suicide rate has topped an alarming 71 suicides per 100,000 prisoners – more than four times the national average of 16 per …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Family, Family Law
Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns by Matthew Clarke by Matt Clarke Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed …
Report Documents Scope of Prosecutorial Misconduct in California by Michael Brodheim by Mike Brodheim In October 2010, the Northern California Innocence Project (NCIP) of the Santa Clara University School of Law published a study regarding the extent of prosecutorial misconduct in California. The study explores the ways in which the …
Article • May 15, 2011 • from PLN May, 2011
California Jury Awards Native American Prisoner $150 on Due Process Property Claim by A federal jury awarded $150 in damages to California prisoner Gregory L. Rhoades, a Native American, after finding that the property room officer at Corcoran State Prison, defendant D. Adkison, had violated Rhoades’ 14th Amendment due process …
Article • May 15, 2011 • from PLN May, 2011
Jailing for Debt on the Rise by Matthew Clarke by Matt Clarke The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a …
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