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Premature Appeal Not Frivolous Under PLRA by The Second Circuit Court of Appeals has held the Prison Litigation Reform Act’s (PLRA’s) “three strikes” provision does not encompass a dismissal for filing a premature notice of appeal. New York prisoner Injah E. Tafari brought a civil rights action in September 2000, …
Article • August 15, 2013
Prison Officials Not Liable for Injuries to Officer Incurred While Responding to Orchestrated Gang Fight by The California Court of Appeal held in 2007 that prison officials could not be held liable for injuries sustained by a corrections officer who was responding to a fight between rival gangs, even if …
Prisoner Denied Pornography in a Wisconsin Prison by A Wisconsin appellate court held that a prisoner’s lawsuit against guards for denying him pornography was properly dismissed. The Court of Appeals, District IV, affirmed the dismissal of a lawsuit filed by Green Bay Correctional Institution prisoner Charles Downing on January 3, …
Article • August 15, 2013
Prisoners Pay the Price of Food Cost Increases by Before one goes to jail or prison, what one eats is usually taken for granted. After one finds oneself imprisoned, what is presented to eat becomes a huge issue. With the trend towards privatization of prison services and economic pressures upon …
Article • August 15, 2013
Records Requested from Washington DOC Under Public Records Act May Be Rejected as Contraband by The Washington Department of Corrections (DOC) may reject as contraband records requested from the DOC under the Washington Public Records Act, the Washington Supreme Court held, July 3, 2008. Michael Livingston, a Washington prisoner, filed …
Article • August 15, 2013
Rooker-Feldman Doctrine Bars Review of State Court Order by District Courts by The Sixth Circuit Court of Appeals affirmed a Michigan federal district court’s order that dismissed an action challenging state court orders that allowed confiscation of a prisoner’s pension benefits for incarceration costs. Three Michigan prisoners filed this putative …
Article • August 15, 2013
Serial Killer Pleads Guilty to Cellmate Murder; County Pays Victim’s Family $120,000 by On November 16, 2006, 24-year-old Thomas Gordon pleaded guilty to the 2001 murder of his mother’s boyfriend and the 2005 beating death of his cellmate. As we’ve previously reported (PLN, Dec. 2006, pp.8-9), in 2001, Gordon killed …
Seventh Circuit Reverses Dismissal of Wisconsin Retaliation Suit by The Seventh Circuit Court of Appeals has held that a Wisconsin federal district court improperly dismissed a prisoner’s civil rights claim of retaliation for filing grievances because a prison disciplinary board found the prisoner was lying when filing his grievances. Wisconsin …
Article • August 15, 2013
Sexual Harassment and Retaliatory Termination Nets $275,000 by A female Ohio jail guard was awarded $275,000 for sexual harassment and wrongful, retaliatory termination. Michelle Hendricks began working as a jail guard for the Clermont County Sheriff’s Office in 1998. In January, 2002, a coworker handcuffed her to a chair in …
Article • August 15, 2013
SF Jury Finds Deputies Used Excessive Force, Should Pay $200,000 in Punitive Damages by In February 2008, a San Francisco jury found that Sheriff’s Deputies Miguel Prado and Glenn Young used excessive force against Earnest Henderson in December 2004, while Henderson was in custody at San Francisco Jail #2 (awaiting …
Article • August 15, 2013
Filed under: Mental Health, Suicides
Sheriff May Be Liable for Cell-Check Policy that Led to Teenager’s Suicide by In July 2010, a federal district court in Illinois held that a sheriff may be held liable in his official capacity for instituting a cell-check policy under which guards could not personally observe all detainees during overnight …
Sixth Circuit Vacates Section 1915(e)(2) Dismissal of Discrimination Claim by The Sixth Circuit Court of Appeals vacated a lower court’s sua sponte dismissal of a Kentucky prisoner’s race discrimination claim as frivolous under 28 U.S.C. § 1915(e)(2). Kentucky prisoner DeWayne Brand, an African-American, shared a cell with white prisoner Troy …
Article • August 15, 2013
Teen Assaulted by Cop Settles for Military School by Clackamas County, Oregon, “got off cheap,” as the family of a teenager who was assaulted by a sheriff’s deputy has agreed not to sue, in a settlement that sends the boy to military school. On July 14, 2007, Nathan E. Smith, …
Article • August 15, 2013
Tenth Circuit: No Qualified Immunity for Strip Search by The Tenth Circuit Court of Appeals affirmed the denial of qualified immunity to a deputy who conducted an improper strip search of a woman confined due to mistaken identity. On April 18, 2005, Lakewood, Colorado police responded to an altercation between …
Article • August 15, 2013
Texas Lie Detectors Go Without Effective Regulation by Texas polygraph examiners are not subject to effective regulation, according to a recent report by the Sunset Advisory Commission, which reports to the Texas Legislature. Passing a lie-detector test can be crucial to getting or keeping a job. Key to ensuring the …
Article • August 15, 2013
The Justice Project Calls for Jailhouse Snitch Reforms by Snitch-dependent prosecutions are the leading cause of wrongful convictions in capital cases, according to a 2005 report of the Center on Wrongful Convictions at Northwestern University School of Law. As of May 11, 2007, over 120 people have been exonerated from …
Article • August 15, 2013
Third Circuit Permits Institutionalized Persons to Challenge Proposed Class Action Settlement Agreement by In December 2012, the Third Circuit Court of Appeals held that the United States District Court for the Middle District of Pennsylvania had abused its discretion by denying intervention as of right pursuant to Fed. R. Civ. …
Article • August 15, 2013
Trustee Awarded $335,407 for Job-Related Accident by Larry D. Hollie, a Louisiana prisoner, was working to repair potholes when the hot mix asphalt truck he was working on suddenly shifted. Hollie fell, hitting his lower back and hip area on the ground. He “suffered a lumbrosacral strain with a herniated …
Article • August 15, 2013
Two Victims of Police Misconduct Settled Lawsuit for $550,000 by Two victims of false arrest and planted drugs settled their lawsuit with the County of Los Angeles for $550,000. The County of Los Angeles agreed to pay $550,000 to Tatiana Lopez and Miguel Amarillas to settle a federal lawsuit on …
Article • August 15, 2013
Washington DOC May Rehear Bungled Disciplinary Infractions While First Outcome Is Under Judicial Review by The Washington State Supreme Court (Supreme Court) has ruled that the State Department of Corrections (DOC) may rehear prison disciplinary infractions while the propriety of the first proceeding is being challenged in court. On July …
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