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Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000 by The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to federal prison officials in a Bivens case brought by a handicapped prisoner who was unable to take a shower or …
Article • May 15, 2010 • from PLN May, 2010
Filed under: News, News in Brief
News in Brief: by California: Contra Costa County’s top homicide prosecutor, Harold Jewett, was placed on administrative leave for allegedly punching his supervisor, assistant district attorney Paul Sequeira. The incident, which took place on March 8, 2010 during a staff meeting and sent Sequeira to the hospital for stitches, occurred …
Article • May 15, 2010
Costs Awarded to Prisoner; Denied to Defendants Due to Plaintiff’s Indigency by On August 21, 2009, U.S. District Judge Lawrence Karlton awarded $950.64 to a prevailing prisoner-plaintiff in an excessive force suit. On January 28, 2009, a jury returned a verdict in favor of Javaris Tubbs on his excessive force …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 after Prisoner Fell from Bunk by On August 30, 2005, the County of Sacramento agreed to pay $7,500 to a prisoner who fell from his bunk while at the Sacramento County Main Jail (SCMJ). The prisoner claimed deliberate indifference to his safety. Peter Heines …
Article • May 15, 2010 • from PLN May, 2010
Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …
Article • May 15, 2010 • from PLN May, 2010
Closed Door Justice: Court Seeks Disbarment of Attorney in Secret by Brandon Sample The story of Herbert Moncier, a prominent attorney in Knoxville, Tennessee, seems foreign, as if it were from another time and place. In fact, it is almost Gestapo-like. Moncier’s problems began on November 17, 2006 during a …
Article • May 15, 2010 • from PLN May, 2010
Washington Prisoner’s Rape Claim Results in $60,000 Settlement by The State of Washington paid $60,000 to settle a claim that involved a prisoner at the Washington State Reformatory being “savagely sexually assaulted” by another prisoner. In the late evening of June 9 or the early morning hours of June 10, …
Article • May 15, 2010 • from PLN May, 2010
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee Caps Constitutional, Third Circuit Decides by The provisions of the Prison Litigation Reform Act (PLRA) that cap attorney fees do not violate equal protection, the U.S. Court of Appeals for the Third Circuit decided on May 28, 2009. Pennsylvania prisoner Glenndol Parker sued prison guard Joseph Conway …
Article • May 15, 2010 • from PLN May, 2010
Cost of Capital Punishment Comes Under Increased Scrutiny in a Struggling Economy by Justin Miller A new report released by the Death Penalty Information Center (DPIC) challenges the economic feasibility and sensibility of states maintaining the death penalty amid the nation’s current economic downturn. The report, entitled Smart on Crime: …
$12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp by A New York Court of Claims awarded a prisoner $12,000 for injuries incurred by a fall off a curb while in a wheelchair. Prisoner Darin Carathers became a paraplegic after sustaining a gun shot wound to the neck …
Article • May 15, 2010 • from PLN May, 2010
17,698 DNA Profiles Missing from Wisconsin Database by Matthew Clarke by Matt Clarke In September 2009, Wisconsin officials discovered that the profiles of 17,698 convicted felons were missing from the state’s DNA database. An investigation into Milwaukee serial killer suspect Walter E. Ellis revealed that his DNA was not in …
Article • May 15, 2010 • from PLN May, 2010
Kentucky Supreme Court: Retroactive Application of Sex Offender Residency Restrictions Unconstitutional by On October 1, 2009, the Kentucky Supreme Court held that retroactive application of sex offender residency restrictions violated prohibitions against ex post facto laws in the U.S. and Kentucky constitutions. In 1995, Michael Baker pleaded guilty to third-degree …
Article • May 15, 2010 • from PLN May, 2010
Kern County Settles False Arrest Lawsuit for $5.5 Million by Michael Brodheim In September 2009, Kern County (California) officials entered into a multimillion dollar settlement agreement with John Stoll, disposing of a federal lawsuit filed by Stoll in 2005, seeking compensation for damages allegedly sustained as a result of a …
Article • May 15, 2010 • from PLN May, 2010
Flushing Junk Down Jail Toilets Damages Sewer System, Prompts $2.3 Million Settlement in California Lawsuit by In October 2009, the San Mateo County Board of Supervisors tentatively agreed to pay $2.3 million to settle a lawsuit that alleged county prisoners were damaging the adjoining sewer system by clogging it up …
Ninth Circuit: Federal Receiver May be Sued for Breach of Contract by Michael Brodheim The Ninth Circuit held on Oct. 30, 2009 that the Receiver appointed by a federal court to oversee delivery of medical care to prisoners in the California Department of Corrections and Rehabilitation (CDCR) was not immune …
Article • May 15, 2010 • from PLN May, 2010
Filed under: Sentencing, Restitution
Washington LFOs Issued Before July 1, 2000 Expire in 10 Years by The Washington State Supreme Court has unanimously held that restitution orders issued before July 1, 2000 expire and become void after 10 years, unless extended by the trial court before expiration. In 1992, Henry Gossage was convicted of …
Ohio Prisoner Awarded $40,000 for Sexual Assault by On August 19, 2009, an Ohio prisoner was awarded $40,000 after being sexually assaulted as a result of deliberate indifference to his safety. John Meyer, a prisoner at the Southeastern Correctional Institution (SCI), approached Sergeant Barbara McNicholas after being “roughed up” and …
Article • May 15, 2010 • from PLN May, 2010
California: Failure to Maintain Relevant Data Renders CDCR Unable to Effectively Monitor and Manage its Operations by Michael Brodheim In September 2009, the California State Auditor, responding to a request from the Joint Legislative Audit Committee, submitted a report to assess the effect of California’s rapidly increasing prison population on …
Article • May 15, 2010 • from PLN May, 2010
Missouri DOC Targeted by State Auditors by On September 28, 2009, Missouri State Auditor, Susan Montee, released the results of an audit recently conducted by her office targeting the State’s DOC. The audit focused primarily on the three years ending June 30, 2008 and was intended as a tool to …
Article • May 15, 2010 • from PLN May, 2010
Illinois Jail Agrees to Pay $290,000 & Annuity Payments to Settle Excessive Force Suit by Illinois Jail Agrees to Pay $290,000 & Annuity Payments to Settle Excessive Force Suit Tazewell County, Illinois has agreed to settle an excessive force suit for $290,000 and annual annuity payments. Charles Chandler was taken …
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