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Article • March 15, 2011 • from PLN March, 2011
$100,000 Settlement in Nebraska Jail Prisoner Suicide Suit by Sheridan County, Nebraska has agreed to pay $100,000 to the estate of a prisoner who committed suicide while at the Sheridan County Jail. Jay Spotted Elk hung himself with a belt in his cell after being arrested on a misdemeanor charge …
Article • March 15, 2011 • from PLN March, 2011
PLN and HRDC Win Consent Judgment Against Louisiana Sheriff in Censorship Case by On May 18, 2010, Prison Legal News (PLN) and its parent organization, the Human Rights Defense Center (HRDC), won another battle against censorship by prison and jail officials. In 2009, PLN and HRDC sued Jack A. Stephens, …
Article • March 15, 2011 • from PLN March, 2011
Short-Lived Class Action Lawsuit Filed Against Global Tel*Link in California, Then Secretly Settled by Michael Brodheim by Mike Brodheim Sick and tired of being gouged by high prison phone rates, Nadia Alvarez and Rachel Fishenfeld, two California residents, filed a consumer class action suit against Global Tel*Link (GTL) in August …
Article • March 15, 2011
Settlement Proceeds Unrelated to Personal Injury or Sickness Are Subject to Taxation by Proceeds from a legal settlement unrelated to personal injury or sickness are subject to taxation, the U.S. Court of Appeals for the Sixth circuit decided February 26, 2010. Daniel and Brenda Stadnyk received a $49,000 settlement from …
Article • March 15, 2011
$16,000 Settlement in Transcribing Contract Dispute by The District of Columbia (DC) paid $15,920.20 to settle a lawsuit by Bossard Associates, Inc. Available documentation does not reveal the circumstances of the dispute, but the settlement agreement says it resolves claims for court reporting services provided to DC on or before …
MVRA Does Not Permit Victims to Intervene in Another Suit in Order to Collect Restitution by The Mandatory Victims Restitution Act (MVRA) does not allow a victim to intervene into another suit in order to pursue the collection of restitution, the U.S. Court of Appeals for the Ninth Circuit decided …
Article • March 15, 2011
Sixth Circuit: Lethal Injection Challenge Time-Barred; Agrees Cooey II Wrongly Decided, Urges En Banc Review by The Sixth Circuit Court of Appeals affirmed the dismissal of a condemned prisoner’s challenge to Ohio’s lethal-injection protocol as time-barred under Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II). The court …
Article • March 15, 2011
Settlement of 1997 Suit Kills 2001 Suit Says Ninth Circuit by The Ninth Circuit Court of Appeals affirmed a lower court’s holding that a 2002 Settlement Agreement regarding a 1997 complaint also covered claims in a 2001 complaint. Todd Ashker was confined in California’s Secured Housing Unit (SHU) at Pelican …
Article • March 15, 2011
Washington Supreme Court Rejects Judge’s Effort to Bar Public Release of Investigative Report by The Supreme Court of Washington state affirmed a lower court’s release of an investigative report concerning a hostile work environment created by Federal Way Municipal Court Judge Michael Morgan. A Federal Way, Washington, Municipal Court employee …
Article • March 15, 2011
$525,001 Settlement in Washington Public Records Suit Involving Abused Minors by The Washington State Department of Social and Health Services paid $525,001 to settle the lawsuit of Estera L. Tamus, Ruth S. Tamus and M., a minor, for failing to provide public records upon request. Estera, Ruth and M. claimed …
Article • March 15, 2011
Connecticut Trial Courts Lack Power to Unseal Records by Connecticut’s Supreme Court held that a trial court in an administrative appeal, which does not have continuing jurisdiction over cases where sealing orders were issued and does not have custody of or control over the sealed docket sheets, does not have …
Eighth Circuit Dismisses Appeal Where Parties Attempted to Manufacture Jurisdiction by The U.S. Court of Appeals for the Eighth Circuit has rejected an attempt by the parties in a suit against Corrections Corporation of America (CCA) to manufacture appellate jurisdiction for an interlocutory appeal from a district court’s grant of …
Article • March 15, 2011
Expert Report Not Required for Primary Care Physician to Testify by A physician who treated a patient plaintiff may testify concerning his consultation or treatment of a patient without providing an expert report, U.S. District Judge Michael Ponsor recently decided. Under Fed. R. Civ. P. 26., Judge Ponsor concluded that …
Article • March 15, 2011
D.C. Settlement Nets Former Warden $62,000 for Legal Expenditures by On July 11, 2005, the District of Columbia paid $62,000 to settle with David Roach—a former warden at the Maximum Security Facility in Lorton, Virginia—who sued the District seeking reimbursement for legal fees. In 1995, while Roach was warden at …
New York City Pays $9.9 Million to Settle Wrongful Conviction Suit by The City of New York will pay $9.9 million to a man who was wrongfully accused, arrested, convicted and imprisoned as the result of actions by disgraced former New York City police detective Louis J. Eppolito, who is …
Study Finds Discriminatory Jury Selection in Southern States by Derek Gilna A study by the Equal Justice Initiative, a non-profit legal organization based in Montgomery, Alabama, has found widespread discrimination in jury selection in the states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina and Tennessee. The discriminatory practices …
Article • February 15, 2011 • from PLN February, 2011
$33 Million Settlement in New York City Jails Strip Search Class-Action by Matthew Clarke by Matt Clarke On March 16, 2010, New York City agreed to settle a long-standing class-action lawsuit challenging the strip search policy used in the city’s jails. The settlement was for over $33 million, which included …
Article • February 15, 2011 • from PLN February, 2011
Florida Woman Settles Lawsuit Against Sheriff’s Officers for $67,500 After Arrest While in Premature Labor by In June 2010, Melanie Dawn Williams, who had been arrested by officers after allegedly running a red light on her way to the St. Vincent’s Medical Center emergency room in Jacksonville, Florida when she …
Illinois Supermax Placement Procedures Unconstitutional by David Reutter by David M. Reutter An Illinois federal district court has held that existing Illinois Department of Corrections (IDOC) procedures for placing prisoners at the Tamms Correctional Center (Tamms) are inadequate to protect the liberty interest of IDOC prisoners to avoid confinement at …
Article • February 15, 2011 • from PLN February, 2011
Habeas Hints: The Year in Review by Kent A. Russell by Kent Russell, Blaire Russell & Chandra Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under …
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