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Wackenhut Corrections Corporation Paid $29,900 to Settle Sexual Harassment Lawsuit by Wackenhut Corrections Corporation paid $29,900 to settle a lawsuit claiming sexual harassment. In her complaint, Marsha Senatti claims fellow Wackenhut employee Lee Jackson did unlawfully touch, in a sexual manner, her private parts and genitalia, including “rubbing his penis …
Article • April 15, 2011
Wackenhut Pays $32,500 in Negligence Lawsuit by Wackenhut Corrections Corporation paid $32,500 to settle a negligence lawsuit filed by Florida prisoner Michael Wyzykowski. In his complain, Wyzykowski claimed he was ordered to cut “maiden cane” with a weed whacker that was altered by Wackenhut guards, replacing the original head and …
Article • April 15, 2011
Wackenhut Settles Wrongful Death Suit for $300,000 by Wackenhut Corrections Corporation paid $300,000 to settle a wrongful death suit filed by the minor children of prisoner Lisa Ann Lowdermilk. The complaint alleged that while at Broward County work release, Lowdermilk died due to the negligence of Wackenhut employees Kenneth Day, …
Article • April 15, 2011
Washington State Pays $277.94 and $450 in Public Records Tort Suit against DOC by The State of Washington Department of Corrections paid $727.94 to settle two different public records tort suits to prisoner Nicholas S. Roy. On November 3, 2004, Roy requested a list of all persons who are being …
Article • April 15, 2011
Houston May Not Keep Traffic Light Camera Documents Secret by Matthew Clarke by Matt Clarke On October 12, 2009, a Texas state district court held that the City of Houston had no right to keep secret over 250 government documents related to the deployment and use of traffic cameras at …
Prisoner’s Administrative Remedies Do Not Require Naming of Official by The Sixth Circuit Court of Appeals vacated its own affirmation of the dismissal of a prisoner’s civil rights complaint after the Supreme Court found that the circuit’s imposition of the prerequisite to properly exhaust administrative remedies before filing a complaint …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
California: Right of Self-Representation May Be Restricted but Not Denied Based on Jailhouse Security Concerns by In a 5-2 decision, the California Supreme Court reversed the conviction and sentence of death imposed on a defendant who, while on capital trial for murdering two college students (see: People v. Butler (2009) …
Article • April 15, 2011
Toilet Tank Lid Ruled “Deadly Weapon” by A juvenile Court in Grant County, Washington, convicted a minor, D.A.C., of second degree assault after he threw a toilet tank lid at an employee of the Grant County Youth Services Detention Facility. D.A.C. appealed the assault conviction on the ground that the …
Article • April 15, 2011
Reduction of Attorney Fees Affirmed in 2nd Circuit by In a case decided on February 16, 2010, the 2nd Circuit affirmed a district court’s decision to award less than the requested attorney fees in a class action suit filed against Schenectady County, New York. Attorneys in the suit include Elmer …
Article • April 15, 2011
Filed under: Money/Property, Restitution
Personal Restraint Petition Challenging Restitution Granted in Washington State by On August 8, 2007, a prosecutor in Spokane County, Washington filed and was granted ex parte motions and orders extending jurisdiction for an additional 10 years against Andrew Brady to recover the balance of the restitution and penalties he owed …
Article • April 15, 2011
Pennsylvania Prisoner’s Negligence Claim Denied by On March 19, 2008, Pennsylvania prisoner John McCool filed a medical negligence claim against the Pennsylvania DOC and various officials and employees for their improper treatment of his medical condition. The district court sua sponte dismissed his complaint on June 4, 2008 partially under …
Magistrate’s Recommendations Accepted in Texas Mental Health Case by On May 19, 2009, A U.S. Magistrate Judge filed his recommendations in a complaint brought by Miroslava Rodriguez-Grava (Rodriguez) and Iaias Vasquez Cisneros De Jesus (De Jesus) for their treatment while they were detained at the South Texas Detention Complex (STDC). …
Article • April 15, 2011
Ex-Prosecutor Wins Award in Wrongful Termination Suit by On January 25, 2010, an ex-deputy prosecuting attorney for Pierce County, Washington, Barbara Corey, won her appeal and was awarded in excess of $2 million in a lawsuit she filed against the County following her forced resignation. Ms. Corey’s complaint accused the …
Article • April 15, 2011
Colorado Prisoner Granted Judicial Review on Appeal by On February 4, 2010, a Colorado appellate court reversed a district court’s ruling dismissing a complaint filed by state prisoner Shawn Geerdes. Geerdes filed the complaint requesting judicial review in regard to a disciplinary conviction he received while housed at the Crowley …
Article • April 15, 2011
California Prisoners Now Able to Earn Interest on Funds Held In Their Trust Account by On August 1, 2008, California Governor Arnold Schwarzenegger signed Assembly Bill 439 into law. The bill, enacted in response to Schneider v. California Department of Corrections 345 F.3d 716 (9th Cir. 2003), amended Section 5008 …
Article • April 15, 2011
Washington Prisoner Awarded $210 for Untimely PRA Response by The Washington Court of Appeal has affirmed the award of sanctions to Kevin Mitchell, a prisoner at the Stafford Creek Corrections Center, when the Department of Corrections (Department) responded to his public records request in an untimely manner. In May 2007, …
Article • April 15, 2011
Money May Be Withdrawn From Texas Prisoner's Trust Fund without Prior Notice by On June 5, 2009, the Supreme Court of Texas held that funds may be removed from a state prisoner's trust fund account to satisfy a court order without prior notice to the prisoner. Walter E. Harrell, a …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
Article • April 15, 2011
Qualified Immunity Denied in Taser Suit by On December 28, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed a denial of qualified immunity for a police officer accused of using excessive force during a traffic stop. Carl Bryan was stopped by Officer Brian McPherson of the Coronado …
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