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Texas Jail Director's Conviction Upheld by The Fifth Circuit Court of Appeals affirmed the convictions of two defendants charged with extortion and conspiracy to extort under the Hobbs Act, 18 U.S.C.§ 2 and 1951. The defendants were Jose Marcelino Rubio, Sr., the father of the District Attorney for Texas' Web …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror by WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror The Washington State Court of Appeals, Division 1, held that Daniel Gonzales, was denied the right to a fair trial due to the fact that …
Article • May 15, 2007
$25,000 Paid in WA Parolee Negligent Supervision suit by Mark Bulzomi suffered serious and permanent injuries when Zachery Euse violently drove his vehicle into Bulzomi's. Euse was on community supervision by the Washington Department of Corrections, and he was driving without license. Bulzomi filed a negligent supervision claim in the …
Article • May 15, 2007
$6,285,436 Awarded In Washington Parolee Wrongful Death Suit by In 1997 a Pierce county Superior Court Jury in Washington awarded $6,285,436 to Sylvia McFarland for the wrongful death of her 17 year old daughter Meeka Willinham. On August 19, 1994, a man named Johnny Robert Eggers entered Meeka's bedroom and …
Article • May 15, 2007
$7,500 Settlement To Victims Of Washington Parolee Scam In Tacoma, Washington by In 1994 the Washington State Department of Corrections gave $7,500 to the plaintiffs Olva Kleiva and Manda Kleiva, Martin Toso and Joyce Toso, Eugene Perrine and Ute Perrine, for their money being stolen by a parolee named Richard …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Article • May 15, 2007
SD Conviction for Spitting on Prison Guard Affirmed by Brian Schouten, a state prisoner, spat on a guard at the South Dakota State Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for the spitting incident, without being allowed to present evidence of his diminished capacity. On …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Article • May 15, 2007
Colorado: City Pays $240,000 to Victims of Serial Rapist by On January 30, 2006, the city of Aurora, Colorado, announced it would pay $240,000 to four women raped by a man they claimed should have been arrested months earlier. In November 2004, Brent J. Brents admitted to molesting an 8 …
Article • May 15, 2007
Massachusetts: City Potentially Liable For Officer's Negligence by In this case involving a university police officer who was injured by an escaped prisoner, the Superior Court of Massachusetts denied summary judgment to the City of Worcester. The Court held that a jury could find the City's officer was grossly negligent …
Article • May 15, 2007
Certified Court Records Not Hearsay by Brian Benefiel was released from the Washington State prison system after serving a sentence for attempted second degree assault. He didn't report to his supervising community corrections officer, for which he was arrested and charged with escape from community custody. A certified copy of …
Article • May 15, 2007
CA Prisoner Properly Convicted of Conspiracy to Furnish Controlled Substance to a Prisoner by Deandre Lee was convicted of conspiracy to furnish a controlled substance to a prisoner under Cal. Pen. Code 4573.9 after his wife was caught trying to deliver drugs and tobacco to him in a California prison. …
Article • May 15, 2007
Ga. County Not Liable for Sheriff's Policies by Georgia's First Division Court of Appeals has affirmed the dismissal of claims against Dekalb County in the murder of Sheriff-elect Derwin Brown. The matter was before the appellate court after the lower court grated Dekalb County summary judgment. When Brown's widow's interlocutory …
Article • May 15, 2007
Prisoner Murder Conviction Reversed to Consider Hallucination Defense by California's Fifth District Court of Appeal held evidence of a hallucination may be admitted to negate premeditation and deliberation of first degree murder to second degree murder, but not to mitigate murder to voluntary manslaughter. This case involved a murder at …
Article • May 15, 2007
Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Article • May 15, 2007
New York Prisoner Receives 25 to Life for Throwing Urine/Feces on Guard by The Appellate Division of New York's Supreme Court has affirmed a prisoner's conviction and sentence of 25 years to life for throwing a cup of human waste on a guard. While housed in the special housing unit …
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
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