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Article • May 15, 2010
Washington Pays $12,000 for Slip on Ice at Probation Office by On December 17, 2008, the state of Washington paid $12,000 to settle a lawsuit filed by a woman who slipped on an iced-over puddle and fell onto the parking lot of a probation office in Marysville, Washington. As a …
California: San Jose Agrees to settle Police Brutality Claim for $97,500 by Michael Brodheim By Michael Brodheim Yet again, San Jose officials have agreed to settle a major civil rights lawsuit arising from the alleged use of excessive police force after a relatively minor offense involving residents from immigrant communities. …
Article • May 15, 2010
Washington DOC Agrees to Pay $1,000 to Prisoner Burned During Medical Test. by On April 28, 2006, the Washington Department of Corrections (DOC) agreed to pay $1,000 to a prisoner who received substandard medical care. Arthur Billups went in for medical treatment on December 28 and 29 for a test …
Military Contractors Granted Summary Judgment by On September 11, 2009, Iraqi citizens, Haidar Muhsin Saleh and Ilam Nassir Ibrahim, lost their appeal to the District of Columbia Circuit in regard to lawsuits filed against two private military contractors. The two men represented a group of plaintiffs who alleged they or …
Article • May 15, 2010
Miranda Violation Leads to Reversal by In an initially unpublished opinion filed on August 25, 2009, a Washington appellate court reversed a district court ruling allowing into evidence an incriminating response on a medical questionnaire performed by jail personnel during the booking process. The case involved Virginia Lynn Denney, who …
Article • May 15, 2010
No Liberty Interest in Washington Prisoner's Good-Conduct Time Earning Class by No Liberty Interest in Time Earning Class In a decision filed by Washington State's Supreme Court on October 8, 2009, the Personal Restrain Petition (PRP) of prisoner Jay Pullman, Jr., was denied. He filed the petition alleging DOC officials …
4th Circuit Reverses District Court’s Denial of North Carolina Prisoners' Suit against DOC by On April 26, 1978, the 4th Circuit filed a decision to reverse and remand a district court ruling dismissing a complaint brought by 29 North Carolina prisoners against that state's governor and various DOC officials. The …
Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown by On June 19, 2006, the U.S. District Court for the Western District of Arkansas awarded $182 to a Benton County prisoner who spent 6 months in disciplinary segregation without a hearing or periodic reviews. Plaintiff Phetpinthong Senesackda claimed …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
Washington State Not Required to Prove Current Dangerousness for Civil Commitment as Sexually Violent Predator by On October 1, 2009, the en banc Supreme Court of Washington ruled that the state was not required to prove a sex offender would reoffend within the foreseeable future to civilly commit him as …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • May 15, 2010
Supreme Court of Washington Reverses Case Due to Erroneous Jury Instructions by On September 3, 2009, the Supreme Court of Washington State handed down a unanimous en banc decision holding that a defective jury instruction on the law of self defense submitted by the defense attorney requires reversal. Kenneth Kyllo, …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
Massachusetts Transsexual Case Proceeds to Discovery by A Massachusetts federal district has held that a prisoner who seeks a taxpayer-funded sex change has failed to prove “serious harm” by the denial of additional hair-removal treatments. The plaintiff is serving a life sentence for the murder of his wife, Cheryl, in …
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 …
Medical Review Board’s Order Properly Excluded in Connecticut Worker’s Compensation Claim by The Connecticut Supreme Court has affirmed an order by the compensation review board that approved the refusal of the workers’ compensation commissioner to admit into evidence a decision by the state medical examining board awarding a prison guard …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
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
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
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