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No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
Article • July 15, 2009
No Liberty Interest in Wisconsin Home Detention Program, Prisoner Waived Rights by On April 24, 2008, the U.S. Court of Appeals for the Seventh Circuit held that a prisoner has no protected liberty interest in participating in a Wisconsin home detention program (HDP) when a prisoner waives his rights. James …
No Tort Liability for Louisiana Employer Accused of Negligence in Death of Prisoner on Work Release by Louisiana prisoners injured while in work release may not pursue a tort action against the prisoner’s employer, the Court of Appeal of Louisiana, 2nd District, decided April 30, 2008. Instead, the exclusive remedy …
Article • July 15, 2009
Only Prosecutor from County Where Sex Offender was Convicted May Seek Civil Commitment by Only prosecuting attorneys in the county where a defendant was convicted of a sexually violent crime may petition to have an offender civilly committed, the Supreme Court of the State of Washington held May 1, 2008. …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Article • July 15, 2009
Citizens May Sue Government Under Section 526a to Enforce California Public Records Act by California’s Sixth District Court of Appeals has held that while California’s Public Records Act (CPRA) has a limited judicial remedy of determining whether a particular record or class of records must be disclosed, the purpose of …
Article • July 15, 2009
Prisoner’s Family Wins Suit Against BOP Following Prisoner’s Suicide by The family members of Billy Joe Chilton filed a claim under the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 28 U.S.C. Sections 2671, et seq., as well as the Missouri Wrongful Death Statute, alleging that the Federal Bureau of …
District Court Permits Trial In Case Challenging Denial of Wine During Religious Services by The United States District Court for the District of Columbia has order discovery and trial in a case changing the Bureau of Prisons (BOP) policy denying prisoners access to wine during religious services. Federal prisoner Brandon …
Los Angeles County Settles Suit Alleging Wrongful Arrest and Excessive Force Resulting in Death for $475,000 by The County of Los Angeles has agreed to pay $475,000 to the estate of a man who died after being placed in the Total Appendage Restraint Procedure (TARP). The man, Devin Eichenlaub, was …
Los Angeles County Settles Wrongful Arrest and Excessive Force Suit for $195,000 by The County of Los Angeles has agreed to pay $195,000 to settle a lawsuit alleging four men were unlawfully arrested, with one alleging excessive force. On July 17, 2007, Los Angeles County Sheriff’s deputies responded to a …
Los Angeles County Sheriff Recommends $40,000 Settlement for Wheelchair Access Claim by The County Attorney for the Los Angeles Sheriff’s Department recommended that a claim filed by Daniel Lopez pursuant to the Americans with Disabilities Act (ADA), a wheelchair bound paraplegic, for injuries sustained while attempting to be pulled up …
Article • July 15, 2009
Murder Conviction for Prisoner Accused of Killing Prisoner at USP Beaumont Affirmed by On April 30, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed the murder conviction of a prisoner accused of killing another prisoner at the United States Penitentiary (USP) in Beaumont, Texas. Arzell Gulley was …
Article • July 15, 2009
New York DOC Agrees to Settle Asbestos Case by On April 4, 1997, the New York Department of Corrections (NYDOC) agreed to settle a suit brought by a group of New York prisoners over their exposure to asbestos. The prisoners alleged that the defendants violated their Eighth and Fourteenth Amendment …
Article • July 15, 2009
New York Haircut Requirement Held Unconstitutional by On November 11, 1986, the New York Court of Appeals upheld a lower court ruling striking down a New York regulation requiring prisoners to cut their hair during intake. Alfredo Lewis, a practicing Rastafarian, sued the New York Department of Corrections after he …
Article • July 15, 2009
New York Liable for Foreseeable Prisoner-on-Prisoner Assault; Prisoner Awarded $80,000 in Damages by A New York Court of Claims found that prison officials were 100% liable for injuries incurred from a foreseeable prisoner-on-prisoner assault at the Auburn Correctional Facility. On July 17, 2003, prisoner Alexis Irizarry was assaulted by prisoner …
Fourth Circuit Affirms Ban on Publications in Jail by On May 7, 1993, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court ruling upholding a ban on pre-trial detainees receiving publications of any sort. Stephen Hause, an on-again off-again prisoner at the Harry County Detention Center …
Georgia Sheriffs are Not County Employees, Allowing Suit by Estate of Court Reporter Killed by Prisoner to Proceed by A county sheriff in Georgia is not a “county employee” for workers’ compensation purposes, the Georgia Court of Appeals decided June 26, 2008. This ruling clears the way for a tort …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
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