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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 …
Article • August 15, 2013
Washington Prison Instructors Teach Racism and Brutality by An assessment of the Washington State Criminal Justice Training Commission (CJTC) revealed that instructors were teaching trainees how to abuse prisoners and to treat citizens improperly. So far, three instructors have been terminated, but one alleges his firing was retaliation for reporting …
Article • August 15, 2013
Washington Work Release Reduces Recidivism by A report of the Washington State Institute for Public Policy (WSIPP) found that Washington Department of Corrections (WDOC) work release reduces total recidivism by 2.8 percent and felony recidivism by 1.8 percent, but had no effect on violent felony recidivism. The report concludes that …
Article • August 15, 2013
TN Public Records Act Requires Disclosure of Police Report by A suicide victim’s wife told police officers investigating the death that her husband killed himself after he found out about her extramarital affair. A reporter for the Jackson Sun requested the police report, and the city successfully moved the Equity …
Damages for Improper Segregation Needs Resolution by Jury by The Second Circuit Court of Appeals held prison officials were entitled to a jury trial to determine damages caused by the failure to call witnesses at a disciplinary hearing. A prisoner at New York’s Attica Correctional Facility was charged with assault …
Article • August 15, 2013
Filed under: Searches, Drug Testing
Airline Mechanic’s Termination for Failure to Provide Urine for Drug Testing Affirmed by William King, a mechanic for Northwest Airlines, was directed to provide a urine specimen for drug testing. The tester reported to his supervisor that King failed to provide the specimen within 3 hours, which King initially didn’t …
Article • August 15, 2013
Audit Report Recommends Michigan Privatize Prisoner Food Services by An audit report of the prisoner food service operations of the Michigan Department of Corrections (MDOC) found deficiencies that increase costs to taxpayers. Amongst the recommendations to cure those issues was to privatize those operations. The June, 2008, report by Michigan’s …
Article • August 15, 2013
Florida Prisons End Religious Diet Accommodation by The Florida Department of Corrections (FDOC) has ended a four-year-long program that provided Jewish and Muslim prisoners with meals that satisfy their religious requirements. Originally, the program was aimed solely at Jewish prisoners. Costs and fairness were cited as the factors to end …
Article • August 15, 2013
Florida Sheriff’s Moonlighting Activities Under Investigation by Federal prosecutors are investigating if Florida’s Broward County Sheriff, Ken Jenne, has defrauded the public under the “honest services mail and wire fraud” sections of federal law. The probe began with subpoenas for Jenne’s bank records and those of other Broward County Sheriff’s …
Article • August 15, 2013
FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response by In April, 2013, the D.C. Circuit clarified the circumstances under which an agency response to a request for records under the Freedom of Information Act (FOIA) is (in)sufficient to trigger the requirement …
Article • August 15, 2013
Fourth Amendment: Unclear When Social Workers Violate by A U.S. appellate court held that three state social workers were entitled to qualified immunity from Fourth Amendment violations while a sheriff’s deputy was not. The U.S. Court of Appeals, Sixth Circuit, reviewed the decision of a U.S. District Court in Tennessee …
Article • August 15, 2013
Habeas Relief Unavailable for Civil Rights Violations by The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has affirmed a District Court’s dismissal of a prisoner’s habeas action because it presented only civil rights claims. In March of 2001, Steven Glaus began hepatitis C (hep C) treatment at …
Article • August 15, 2013
Indiana Overcrowding Suit Certified as Class Action; Grievances Specific Enough to Satisfy PLRA by A federal court in Indiana certified a jail overcrowding case as a class action. It also found that Plaintiff adequately exhausted his claims. In January, 2007, the American Civil Liberties Union (ACLU) of Indiana brought suit …
Article • August 15, 2013
Judicial Estoppel Bars Government’s Shifting Legal Positions by The Ninth Circuit Court of Appeals held that the government was barred from arguing in federal court that a parole challenge was moot, after successfully arguing in state court that it was. Oregon prisoner Leslie Whaley was released on parole, but the …
Article • August 15, 2013
Kansas Supreme Court Clarifies Procedures to be followed in Addressing Requests for DNA Testing by In October 2012, the Supreme Court of Kansas reversed a trial court’s denial of a petition for DNA testing by convicted murderer Robert Lackey II. In so doing, the Court clarified the procedures to be …
Article • August 15, 2013
Los Angeles County Proposes $350,000 Settlement in Suit Arising from Vehicle Collision Caused by Deputy Sheriff by In January, 2013, the Los Angeles County Claims Board recommended payment of $350,000 to settle a lawsuit arising from a vehicle collision caused by a deputy sheriff. In December, 2010, Sheriff’s Deputy Josue …
LA Prison Conditions Held Unconstitutional by In 1973, Hayes Williams and three other Louisiana state prisoners filed suit in federal district court claiming that the Angola prison was being run in violation of the prohibition of cruel and unusual punishment in the 8th Amendment to the U.S. Constitution. The allegations …
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