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Brief • October 22, 2009
Filed under: Declaratory Judgment
Williams v Kitsap County, WA Declaration Wrongful Prosecution, False Imprisonment, 2009 Oct-20-09 CuttingEdgeTrain;ng Case10:29 3:08-cv-05430-RBL Document 150 Filed 10/22/2009 3606714180Page 1 of 20 llONORABLE RONALD FI LEIGHTON 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASIlTNGTOl\ AT TACOMA 7 9 10 v. 12 14 1$ DECLARA TlON OF …
Armstrong v Schwarzenegger, CA, Plf Enforcement Order, deaf disabled prisoner ad seg, 2009 Case4:94-cv-02307-CW Document1661 Filed10/20/09 Page1 of 5 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California …
Article • October 15, 2009
Filed under: Medical, HIV/AIDS
Confidential Settlement for Denial of HIV Drugs to Florida Jail Prisoners by An undisclosed settlement has been reached in a lawsuit by two former prisoners at Florida’s Broward County Jail. The lawsuit alleged that the Sheriff’s Office and Armor Correctional Health Services showed “callous indifference” to the medical needs of …
Significant Injury Showing Not Required to Defeat Qualified Immunity in Excessive Force Case by The U.S. Court of Appeals for the Fifth Circuit rejected a claim for qualified immunity by a Texas prison guard who used excessive force against a prisoner. Texas state prisoner Marcus Brown alleged that in 1998 …
Article • October 15, 2009
Administrative Remedies Exhausted When DOC Fails to Respond by The U.S. Court of Appeals for the Tenth Circuit has determined that a prisoner’s administrative remedies are exhausted when prison officials fail to respond within the time frame set forth in the grievance regulations. Colorado state prisoner Michael Whitington filed a …
Article • October 15, 2009
Attorney Fees Measured by Degree of Success Need Not be Tethered to Damage Award by The California Court of Appeal held in a Los Angeles County Jail overdetention and jail-rape civil rights case that when a $25,000 damage award for the overdetention claim survived appeal, but the $1 million award …
New York City Liable for Foreseeable Prisoner-on-Prisoner Murder by The Appellate Department of the New York Supreme Court held that because New York City (NYC) jail guards escorting a prisoner had “actual knowledge” of his previous violent assaultive behavior, they could not evade liability for the prisoner’s act of murdering …
Article • October 15, 2009
Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% by Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% Where a state prisoner sued the California Department of Corrections and Rehabilitation (CDCR) in pro per under 42 U.S.C. …
Article • October 15, 2009
Texas Supreme Court: Mailbox Rule Applies to Notice of Appeal by On June 29, 2007, the Supreme Court of Texas held that the “mailbox rule” for incarcerated litigants applies to a civil notice of appeal. Armando Ramos, a Texas state prisoner, filed a medical malpractice suit in state court. The …
Article • October 15, 2009
Fifth Circuit: PLRA Exhaustion Requirement an Affirmative Defense by On July 5, 2007, the Fifth Circuit Court of Appeals held that failure to meet the PLRA’s exhaustion requirement is an affirmative defense and prisoners are not required to plead exhaustion in their complaints, nor can a district court of its …
Article • October 15, 2009
Connecticut Prisoners’ FOIA Indigence Determination Cannot Include Cost of Incarceration by Connecticut’s Freedom of Information Commission (Commission) has declared void a Connecticut Department of Corrections (CDOC) policy that denied fee waivers to indigent prisoners who file Freedom of Information (FOI) requests. The Commission ordered the CDOC to use the same …
Article • October 15, 2009
Failure to Provide Services for Deaf Pre-Trial Detainee States ADA Claim by The Tenth Circuit Court of Appeals reversed a grant of summary judgment against a former pre-trial detainee who alleged Americans with Disabilities Act (ADA) violations for failing to provide him with services or accommodation for his deafness. The …
Article • October 15, 2009
California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies by California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
California Prison Guard’s First Amendment Rights Upheld in Job-Related Retaliation Complaint by The U.S. District Court for the Northern District of California upheld a prison guard’s complaints in a Title VII job action claiming that prison officials retaliated against her in violation of her First Amendment rights, and the Ninth …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
Article • October 15, 2009
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
Article • October 15, 2009
$42,500 Settlement By City of Baltimore in Excessive Force Arrest Suit by The City of Baltimore, Maryland paid $42,500 to settle the excessive use of force claim during arrest brought by Anthony E. Chase. On December 3, 2005, around midnight, Chase was arrested by officer Eric L. Thomas and another …
$1.95 Million Settlement in Michigan Man’s Taser Death by Michigan’s Shelby Township has paid $1.95 million to settle a lawsuit that claimed police used excessive force by using a Taser that resulted in a man’s death. Police confronted Steven Spears, 49, on August 4, 2007, after receiving a 911 call …
Article • October 15, 2009
Filed under: Police, False Arrest
$50,000 Award in New York False Arrest Claim by A New York jury awarded a man $50,000 for being falsely arrested. The arrest for possession of stolen property came after someone had stolen a laptop computer from the Administration of Child Services office. As a result of his arrest, Bernard …
Article • October 15, 2009
$90,000 Settlement for Tasering Epileptic by Washington State’s City of Lakewood paid $90,000 to settle the claim of a man who was tasered and punched after having an epileptic seizure. The man, identified as Mr. Grider, had a history of epileptic seizures that he quickly recovered from. While at work, …
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