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$2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving by A $2.4 million settlement has been reached in a lawsuit involving three children being killed in an automobile accident caused by a California jail guard on the way to work. As Tulare County guard Joseph D. Armstrong …
$1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner by David Reutter A New Hampshire jury awarded two former prison guards nearly $2 million upon finding that two of their co-workers had lied about a confrontation with a prisoner, which resulted in their firing. After guards Shawn …
Education for Persons in Detention—A Human Right by Jimmy Franks The positive correlation between increased education and lowered recidivism rates is a long-established fact. Even so, governments worldwide are not always willing or even able to insure that the men, women and children housed in various detention facilities are given …
Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating by David Reutter by David M. Reutter Four Pennsylvania guards have been fired for beating a prisoner at the Westmoreland County Prison (WCP). The June 8, 2009 incident revealed a cover-up orchestrated by prison guards and their union leader. When …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt by In a 5-4 decision, the Supreme Court of Washington state, sitting en banc, upheld the denial of parole for an untreated sex offender. Richard J. Dyer was convicted of abducting and repeatedly raping two …
Article • January 15, 2010 • from PLN January, 2010
Filed under: Drug Testing, Sentencing, Bail
Washington Pretrial Release UAs Invalidated by In three consolidated criminal cases, the Court of Appeals for Washington state held that a standard pretrial release condition requiring weekly urinalysis (UA) tests was inappropriate. Washington residents Amber Dee Rose, Danielle Wilson and Kevin Wentz were charged with criminal offenses. The state recommended …
Article • January 15, 2010 • from PLN January, 2010
Second Circuit Establishes Anonymous Pleading Standards by by Mark Wilson In a case of first impression, the Second Circuit Court of Appeals established standards governing the use of pseudonyms in civil litigation. The Court endorsed the Ninth Circuit’s test of balancing a plaintiff’s interest in anonymity against the public’s interest …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Article • January 15, 2010 • from PLN January, 2010
Filed under: News, News in Brief
News in Brief: by California: On June 29, 2009, Richard Henry Kase, 41, was sentenced to 90 years to life for the first-degree murder of his cellmate, 28-year-old Randy James Rabelos, at the Deuel Vocational Institution in Tracy. Kase repeatedly told Rabelos, a convicted child molester, to be quiet one …
Indeterminate Civil Commitment Provisions Do Not Apply Retroactively by The Court of Appeal of California, Sixth Appellate District, has reversed and remanded with instructions to dismiss a Sexually Violent Predator (SVP) certification. Joseph Johnson, Jr., was convicted of rape and sentenced to 33 years in prison in 1980. In 2000, …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Judge Rejects Privacy Suit By Former Prison Employee by Chief U.S. District Judge Tena Campbell has dismissed a lawsuit brought by a former employee of the Utah Department of Corrections who had alleged that her privacy rights were violated. The lawsuit, filed by Lauren Barker, alleged that Kirk Dahl, a …
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care by Los Angeles County has agreed to pay $900,000 to a prisoner who lost his foot after staff at the Los Angeles County Sheriff’s Department (LASD) in California delayed processing a culture test that later …
Article • January 15, 2010 • from PLN January, 2010
DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities by Brandon Sample Immigration rights advocates won a short-lived victory in June 2009, when a U.S. District Court in New York ordered the Department of Homeland Security (DHS) to respond to a petition for rulemaking that requested …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge by On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed. Shortly after Christopher Shahnazari was shot in Glendale, California on November …
Article • January 15, 2010 • from PLN January, 2010
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke by Matt Clarke A Pennsylvania federal court has ordered medical personnel to answer deposition questions in a case involving the deaths of two prisoners due to MRSA at the Allegheny County jail. The court also appointed a special …
Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio by Last May, PLN reported that a U.S. District Court in Arizona had found that jails in Maricopa County, managed by Sheriff Joe Arpaio, continued to violate the civil rights of pretrial detainees. That ruling came in …
Article • January 15, 2010 • from PLN January, 2010
Filed under: Commentary/Reviews, Reviews
Starting Out: The Complete Reentry Book, by William Foster and Carl Horn, 446 pp, $22.95 by Matthew Clarke by Matt Clarke Ideally, our schools and parents teach us all of the things we need to know to function as healthy and productive adults. Obviously, this is not always the case. …
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