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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
Massachusetts Supreme Judicial Court Rules No Privacy Right Exists for Jail Phone Calls by On September 11, 2009, the Supreme Judicial Court of Massachusetts held that jail prisoners had no right to privacy with respect to the recording of the non-legal phone calls they made while in jail, and the …
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, …
$50,000 Settlement in California Guard’s Employment Discrimination, Retaliation Lawsuit by The California Department of Corrections paid $50,000 to settle the lawsuit of James Young for employment discrimination and retaliation. On October 13, 2004, Young testified at a court hearing for coworker Julie Nicholson about a sexual harassment lawsuit she filed …
Washington State Settles Prisoner's Personal Injury Claim for $20,000 by On January 8, 2007, the State of Washington settled for $20,000 a personal injury claim brought by a state prisoner. Michael Humburgs, a Washington State state prisoner, was incarcerated at the Larch Mountain Corrections Center when he injured his ankle. …
Article • May 15, 2010
Washington State Settles Wrongful Imprisonment Claim for $5,000 by On November 16, 2006, the State of Washington settled a wrongful imprisonment claim against the Department of Corrections (DOC) for $5,000. Mario Garcia was convicted of burglary and assault and sentenced to 21 months imprisonment and 9-18 months of supervised release. …
Judge Recommends Denial of Suppression Motion Related to Recordings Obtained from CCA by U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress phone recordings of a plot to harm a federal witness obtained by the government through a Rule 17 subpoena without a court …
Article • May 15, 2010
Ninth Circuit Holds VA Benefits can Be Used to Help Pay for Incompetent Veteran's Subsistence by The Ninth Circuit has held that the Veteran's Benefits Act, which makes benefits earned by United states military veterans "exempt from the claims of creditors" (38 U.S.C. § 5301 (a) (1)), does not prohibit …
Prisoner Convicted of Retaliating Against Federal Witness by On August 21, 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. Carl Pursley, Jr. and Wendell Wardell were charged with tax fraud. The government’s star …
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 …
Colorado Sheriff Liable for Guard’s Sexual Assault on Detainee by The Tenth Circuit reversed the dismissal of a female detainee’s complaint holding that the sheriff had knowledge of jail conditions that were substantially likely to result in the sexual assault of the detainee. Huerfano County, Colorado detainee Michelle Tafoya filed …
Article • May 15, 2010
Deportation Order Not Determinative of SSOSA Sentence in Washington State by The State of Washington Court of Appeals has held that a trial court abused its discretion when it refused to consider a special sex offender sentencing alternative (SSOSA) based on its mistaken belief that it lacked authority to impose …
Article • May 15, 2010
Federal Court Upholds Kansas Prison Regulation Banning Publications Depicting Bare Buttocks by A Kansas federal district court has held that prison officials may censor publications that depict bare buttocks. The ruling came in a civil rights action that alleged the prison policy that banned publications with such depictions violated the …
Article • May 15, 2010
Washington State Pays $1,200 for Property Damage Incurred in Botched Arrest Warrant by On February 12, 2007, Vancouver, Washington resident Nathan Miller filed a claim alleging Washington DOC was responsible for property damages he incurred the previous month. DOC supervisor, Scott Wilcox, was serving a warrant at Mr. Miller's address …
Article • May 15, 2010
$3,000 Settlement on DC Prisoner’s Medical Negligence Suit by The District of Columbia paid $3,000 to settle the lawsuit of prisoner Lawrence Davis, Jr. for injuries sustained due to medical negligence. While at the D.C. jail on September 5, 2001, Davis requested medical care for a problem with his left …
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 …
NY City Settles ADA/RA Suit for $400,000 by On August 2, 2007, the City of New York agreed to settle a suit brought by a handicapped man who was injured while being transported to Rikers Island. According to Devin Sayers’ complaint, guards did not secure his wheelchair to the floor …
Article • May 15, 2010
Washington DOC Agrees to Pay $87,000 to Settle False Imprisonment Suit by On April 1, 2008, the Washington Department of Corrections (DOC) agreed to pay $87,000 to a former prisoner who was incarcerated 339 days beyond his lawful release date. On September 7, 2000, Chris Weddle was sentenced for unlawful …
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