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Juszczyk v. Sansen, CA, Settlement, Unlawful Arrest, 2014 SETfLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreem.ent'1 is made by and between KEVIN JUSZCZVK, PJaintiff("PLAINTIFF"), and OFFICER SANSEN;· CORPORAL LYLE ROBLES; CORPORAL ERIC OLSON; GUY SWANGER and the CITY OF CONCORD ('DEFENDANTS''), by and through their respective …
J.U. V. GEO Group, NM, Settlement, Sexual Assault, 2014 SETTLEMENT AGREEMENT, RELEASE IN FULL AND COVENANT OF NON-DISCLOSURE FOR THE SOLE AND ONLY CONSIDERATION OF Twenty Thousand and 00/100 dollars ($20,000.00), the respective signatories hereto, both of whom are Plaintiffs in a lawsuit presently pending in the United States District …
Article • April 15, 2014 • from PLN April, 2014
An Interview with Noam Chomsky on Criminal Justice and Human Rights by On February 5, 2014, Prison Legal News editor Paul Wright interviewed Noam Chomsky, 85, at his home in Lexington, Massachusetts. Professor Chomsky is the foremost dissident intellectual in the United States, and for decades has been a prominent …
Article • April 15, 2014 • from PLN April, 2014
Filed under: News in Brief
News in Brief by Alabama: Carbon Hill Mayor James “Pee Wee” Richardson, 61, was arrested on September 19, 2013 on multiple charges related to sexually abusing four prisoners at the city’s municipal jail; he was released eight days later after posting a $250,000 property bond. In addition to the criminal …
Article • April 15, 2014 • from PLN April, 2014
From the Editor by Paul Wright This month’s interview with Noam Chomsky is part of PLN’s ongoing series of interviews with notable people who have diverse views of the U.S. criminal justice system. Prior interviews have been conducted with well-known actor Danny Trejo, media mogul and millionaire Conrad Black, and …
$2.25 Million Jury Verdict against LCS in Texas Prisoner Death Suit by Matthew Clarke by Matt Clarke On October 24, 2012, a federal jury in Texas awarded $2.25 million to the estate and survivors of a prisoner who died at a facility operated by LCS Corrections Services (LCS), after finding …
Article • April 15, 2014 • from PLN April, 2014
Ninth Circuit: Delay in Providing Dental Care May Constitute Deliberate Indifference by In an unpublished ruling, a Ninth Circuit Court of Appeals panel reversed in part a district court’s grant of summary judgment to prison officials who, a prisoner alleged, were deliberately indifferent to his serious medical needs. In 2008, …
Article • April 15, 2014 • from PLN April, 2014
Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit by The Seventh Circuit Court of Appeals has ordered a new trial in a civil rights action that alleges a prisoner was subjected to improper strip searches to humiliate him, then was subjected to an “especially protracted, gratuitous and humiliating strip …
Federal Court Must Give Reasons for Special Conditions of Supervised Release by David Reutter The Sixth Circuit Court of Appeals has reversed a district court’s imposition of four special conditions of supervised release, due to the court’s failure to explain its reasons for imposing them. Rashan R. Doyle was convicted …
Article • April 15, 2014 • from PLN April, 2014
Idaho Supreme Court Upholds Dismissal of Section 1983 Claims in Jail Suicide Case by Mark Wilson The Idaho Supreme Court has affirmed a lower court’s dismissal of § 1983 claims stemming from the death of a detainee who committed suicide at the Ada County Jail (ACJ). On September 28, 2008, …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Disclosure of Records
Washington PRA Violations Result in Costs and Penalties by Mark Wilson The Washington Court of Appeals, Division Two, held on July 30, 2013 that a state agency violated Washington’s Public Records Act (PRA) by failing to respond to a prisoner’s request within the statutory time limit and by redacting information …
Article • April 15, 2014 • from PLN April, 2014
Oklahoma Jailers Not Immune from Excessive Force Claims by The Oklahoma Supreme Court has held that jail officials are not immune from liability for excessive force claims under the Oklahoma Governmental Tort Claims Act (OGTCA). On May 17, 2011, Daniel Bosh was detained at the Cherokee County Detention Center for …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Court Appearances
Montana: Hospitalized Prisoner Entitled to Continuance in Divorce Case by The Montana Supreme Court held on March 5, 2013 that refusing to grant a hospitalized prisoner’s motion for continuance of a divorce trial was an abuse of discretion. David and Lori Eslick were married on August 15, 2005. In December …
Article • April 15, 2014 • from PLN April, 2014
Arkansas Suing Prisoners for Incarceration Costs by Arkansas officials are suing prisoners under the State Prison Inmate Care and Custody Reimbursement Act (Act), seeking reimbursement for the costs of their incarceration by obtaining court orders and seizing money from their prison trust accounts. For example, a state court entered an …
Article • April 15, 2014 • from PLN April, 2014
Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery by A Texas probationer subjected to false arrest and malicious prosecution has been awarded $169,000 in damages plus attorneys’ fees and costs. Thomas Hannon, 37, unemployed and on probation, had an outstanding arrest warrant for probation revocation. Dallas police knew …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Appeals, Booking Fees
California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court by On April 22, 2013, the Supreme Court of California, resolving a conflict among lower state courts, held that a defendant who fails to contest a jail booking fee order when it is …
Risk Assessment Cannot Solve Systemic Injustice of Prisons by Glenn E. Martin by Glenn E.Martin, Truthout After 40 years of waging a failed war on crime in poor communities, conservative and progressive policy makers finally are being compelled to release the pressure valve and find ways to reform our troubled criminal …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Transplants
Prisoner Organ Transplants, Donations Create Controversy by Prison officials in several states are mulling over two sides of the same coin with respect to organ transplants for prisoners: first, the eligibility and cost of such medical procedures, and second, whether prisoners should be allowed to donate their organs. Prisoners in …
Study: TASER Shocks May Cause Fatal Heart Attacks by Matthew Clarke by Matt Clarke A study involving eight people who lost consciousness immediately after being shocked by a TASER X26 – the most common electronic control device (ECD) used by police, corrections agencies and the military – concluded that ECD …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Statistics/Trends
Mass Incarceration: The Whole Pie by Peter Wagner A Prison Policy Initiative briefing by Peter Wagner and Leah Sakala Wait, does the United States have 1.4 million or more than 2 million people in prison? And do the 688,000 people released every year include those getting out of local jails? …
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