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Summary Judgment Denied in Ohio Police Excessive Force Case by An Ohio Federal district Court granted in part and denied in part a motion for summary judgment in a lawsuit against guards at the Montgomery County Jail, alleging use of excessive force. After being arrested by Dayton Police for criminal …
Article • May 15, 2010
5th Circuit Affirms Judgment against Guard in Texas Excessive Force Case by On July 29, 2004, Texas prison Guard Juan Martinez was found guilty in district court of inflicting cruel and unusual punishment upon prisoner Avniel Awan Anthony. The finding was the result of a jury trial in the § …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 to Settle Excessive Force Suit by On May 31, 2005, the County of Sacramento agreed to pay $7,500 to settle an excessive force suit. Darryl O’Brien was taken to the Sacramento Main Jail where her tibia was broken after jail staff abruptly forced her …
Article • May 15, 2010
Excessive Force Suit Filed Against Texas Prison Officials by On October 20, 2000, John C. Luke, a Texas state prisoner incarcerated at the Clements Unit, filed a civil rights suit pursuant to 42 U.S.C. § 1983 in federal district court alleging that excessive use of force by a prison guard …
Article • May 15, 2010
Sacramento County Agrees to Pay $500 to Settle Tort Claim by In August of 2006, the County of Sacramento agreed to settle a tort claim brought by a prisoner who alleged that he was assaulted by a guard at the Sacramento County Main Jail. The terms of the settlement require …
Summary Judgment Denied in Virginia Strip Cell Suit by A Virginia Federal District Court denied defendants’ motion for summary judgment in a prisoner’s lawsuit alleging use of excessive force and cruel and unusual conditions. Ray L. Holley, a prisoner at Red Onion State Prison in Virginia, on September 29, 2007, …
Article • May 15, 2010
Tenth Circuit Upholds Use of Stun Belt on Defendant by On September 22, 2009, the U.S. Court of Appeals for the Tenth Circuit affirmed the conviction and sentence of a man accused of retaliating against a federal witness. In upholding the conviction and sentence, the court rejected a challenge to …
City of Salem Settles §1983 Suit for $105,000 by City of Salem Settles §1983 Suit for $105,000 The City of Salem, Oregon has agreed to settle a civil rights suit that raised a variety of different claims surrounding the arrest and detention of a family and their children. On February …
Article • May 15, 2010
D.C. Prisoner Assaulted by Guard Settles Claim for $17,500 by On February 24, 2004, plaintiff Emmett Spencer-El settled his federal 42 U.S.C. § 1983 claim against the District of Columbia, the D.C. Department of Corrections and guard C. Everett for $17,500. Spencer-El claimed that on March 28, 2001, while in …
Washington State Settles Excessive Force/Injury Suit for $2,000 by On October 30, 2008, the State of Washington settled for $2,000 the federal suit of a prisoner injured by a guard's alleged excessive use of force. Larry Gene Heggem, a Washington state prisoner, was confined in segregation when he was allegedly …
Article • April 15, 2010 • from PLN April, 2010
Indiana Indemnification Statute Not Retroactive; Prisoner’s Estate Unable to Collect $56.5 Million Judgment by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has held that a 2003 Indiana statute that requires indemnification of government employees under certain circumstances has prospective application only. Before the Court was …
Article • April 15, 2010 • from PLN April, 2010
Prisoner Loses Excessive Force Case in 10 Minutes; Judge Deems Suit Frivolous, Orders $3,000 Paid to Defendants by Mark Wilson Christopher Bookhart had a fool for a client when he represented himself in an excessive force suit he filed against a guard at the Multnomah County Detention Center (MCDC) in …
Missoula County Jail Agrees to Settle Excessive Force Suit for $490,000 by Missoula County, Montana has agreed to pay $490,000 to a mentally ill woman who was shot six times by guards with a pepperball gun. Sunny Bartell was arrested on July 1, 2006 for disorderly conduct after police were …
$862,500 Settlement in Mentally Ill Ohio Jail Prisoner’s Death by A settlement of $862,500 has been reached in the death of a mentally ill prisoner who died at Ohio’s Summit County Jail (SCJ). While acting in a delusional and disoriented manner, Mark D. McCallaugh, 28, was arrested on August 7, …
Article • April 15, 2010 • from PLN April, 2010
Eighth Circuit: Shackling Pregnant Prisoner During Labor Unconstitutional by Matthew Clarke by Matt Clarke On October 2, 2009, the Eighth Circuit Court of Appeals, sitting en banc, held that shackling a pregnant prisoner while she was in labor constituted cruel and unusual punishment in violation of the U.S. Constitution. Shawanna …
Article • April 15, 2010 • from PLN April, 2010
Arkansas Prisoner Almost Dies After Being Left in Feces by Justin Miller An Arkansas prison guard who had been previously fired and rehired by the state’s prison system was terminated a second time after he was involved in an incident that almost resulted in a prisoner’s death. On June 22, …
Tear Gas: Chemical Cops Tear Gas and Pepper Spray Can be Deadly by Terry J. Allen Tear Gas: Chemical Cops Tear Gas and Pepper Spray Can be Deadly by Terry J. Allen, In These Times, May 29, 2000 The tons of tear gas and pepper spray munitions Seattle police used …
Article • April 15, 2010
The Big Three Chemical Weapons by Terry J. Allen by Terry Allen Each of the three chemical weapons used by the Seattle police—CN and CS tear gases and pepper spray—carries risks. The danger depends not only on how and on whom the weapons are used, but on the particular strength …
Conviction of CIA Contractor Who Fatally Beat Afghan Detainee Upheld on Appeal by On August 10, 2009, the Fourth Circuit Court of Appeals upheld the conviction of a CIA contractor who beat to death a detainee at a U.S. military outpost in Afghanistan. The contractor’s sentence was reversed due to …
Ninth Circuit: California Jail Detainee’s Excessive Force Suit May Proceed by John Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals reversed a district court’s decision granting summary judgment to Orange County, California jail officials who allegedly used excessive force while restraining a detainee. The appellate court found …
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