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Article • October 15, 2009 • from PLN October, 2009
Injunction Against Missouri Sex Offender Halloween Restrictions Issued, Then Vacated by Matthew Clarke by Matt Clarke A Missouri federal judge issued an injunction against enforcement of a new Missouri law imposing Halloween-related restrictions on registered sex offenders. However, the Eighth Circuit Court of Appeals lifted the injunction on October 30, …
Article • October 15, 2009 • from PLN October, 2009
$145,000 Settlement in Iowa Prisoner’s Self-Mutilation Mental Health Claim by David Reutter by David M. Reutter The Iowa Department of Corrections (IDOC) paid $144,523.20 to settle a civil rights action that claimed prison officials sat idly watching a mentally ill prisoner physically maim herself. In 1976 at the age of …
Mentally Ill NC Prisoners Injured in Separate Incidents by Gary Hunter Timothy E. Helms remains paralyzed from the neck down following a confrontation with guards after he lit a fire in his cell at North Carolina’s Alexander Correctional Institution in Taylorsville. The next day, on August 4, 2008, Helms arrived …
$102,205 Settlement in Portland, Oregon City Negligence of Officer’s Misconduct by The City of Portland, Oregon has paid $105,205 to two women who alleged a Portland Police Officer told them to lift their skirts and show him their underwear during a July 21, 2006, traffic stop or he would jail …
Article • October 15, 2009
$625,000 Jury Verdict in Negligence Suit for New York Hospital’s Failure to Protect Patient from Prisoner by In 1994 a New York County jury awarded a woman $625,000 in a lawsuit contending a hospital failed to coordinate a security plan with the Department of Corrections, resulting in a sexual assault …
LA Agrees To Pay $12,550,000 To Settle Police Brutality Suit by The City of Los Angeles has agreed to pay $12,550,000 to settle a class action suit brought by protesters who were injured and intimidated by the LAPD during a May 1, 2007, march protesting the treatment of immigrants and …
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on …
First Circuit Upholds $3.1 Million FTCA Award Against FBI for Revealing Informant by On October 16, 2008, the U.S. Court of Appeals for the First Circuit upheld a $3.1 million award under the Federal Tort Claims Act (FTCA) to the family of an informant whose identity was released by an …
Article • October 15, 2009
Nevada Prisoners Can Not Use State’s Open Meeting Law to Circumvent Psych Review by The Nevada Supreme Court has held that a life-sentenced prisoner cannot sue the state’s Psychological Review Panel (Panel) for damages under the Open Meeting Law due to the Panel’s denial of a psychological clearance needed to …
Article • October 15, 2009
PLRA’s Frivolous Litigator IFP Cap Trumped by “Imminent Danger” Claim by The Ninth Circuit U.S. Court of Appeals has held that a prisoner who alleged as one of his claims in a 42 U.S.C. § 1983 complaint that he was in “imminent danger of serious physical injury,” but who qualified …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Wisconsin Sheriff Lacks Authority to Implement Private Food Vendor by The Wisconsin Supreme Court has held that a Sheriff does not have constitutional authority to hire and fire personnel providing food service at a county jail. The Court’s ruling came in an appeal filed by unions that represent employees of …
Article • October 15, 2009
PLRA Three Strikes Applicable to Halfway House “Prisoner” by In a case of first impression, the U.S. Court of Appeals for the Fifth Circuit has decided that detention in a halfway house, as a condition of mandatory supervision stemming from a criminal conviction, satisfies the definition of “prisoner” under the …
Brief • October 13, 2009
Skinner v. Ryan, AZ, Complaint, Conditions of Confinement, 2009 -........... _....... ..--....... ·..· .. .· . ·.· ·. . · .·_.. :·. . . ,: · : -d1stRJCt~of.:AFHZ.ON,i:. ; ·. : .. .. 8'( ·:., ...... :.: :•·:. :.:. ::·=M. =p.EPUTY. ... ·.·.. ·... · ., ·: .·· . . …
Publication • October 13, 2009
New York State Police, Trooper Imani A. Kirkland Letter of Censure, 2009 KIRKLAND , IMANI A TROOPER TYPE: Personnel CASE# 20090357 FINDING : Founded Complainant: . Complaint ofPersonnel Investigation 20090357 Type: Sub Type Personnel Incident Date/Time Report Due 5/6/2009 9:35 AM 7/22/2009 Level Inv. T 1 Commissioned Officer Assigned No …
Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009 IN THE UNITED STATES DISTRICT COURT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CAROLINA DIVISION NORTHERN DIVISION 2:05-CV-21-FL(1) CASE NO.: 2:05-CV-21-FL(1) JAMES ALAN GELL, Plaintiff, v. ) ) ) ) ) TOWN OF AULANDER, AULANDER ) POLICE …
Brief • September 29, 2009
Scheffler v. County of Dunn, WI, Opinion and Order, Video Footage Request Denial, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - …
Brief • September 28, 2009
Andersen v. Becker County, MN, Order, Monitoring of Atty Calls, 2009 CASE 0:08-cv-05687-ADM-RLE Document 68 Filed 09/28/09 Page 1 of 29 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kenneth E. Andersen and Dell D. Holm, on behalf of themselves and all others similarly situated, and William K. Bulmer, II, on …
Brief • September 28, 2009
Filed under: Attorney Client
Andersen v Becker County MN Memorandum Opinion and Order Attorney Calls Monitored 2010 CASE 0:08-cv-05687-ADM-RLE Document 68 Filed 09/28/09 Page 1 of 29 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Kenneth E. Andersen and Dell D. Holm, on behalf of themselves and all others similarly situated, and William K. Bulmer, …
Brief • September 25, 2009
Filed under: Stun Guns/Tasers
Rosa v Taser Intl Ca Gary Vilke Declaration Taser Death 2009 Case5:05-cv-03577-JF Document214-57 Filed09/25/09 Page1 of 40 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EVELYN ROSA AND ROBERT ROSA, individually and as the personal representatives of MICHAEL ROBERT ROSA, deceased, Plaintiff vs. TASER International, Inc, C-05-03577 JFIHRL …
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