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Article • August 15, 2013
Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference by The Eleventh Circuit Court of Appeals has held that the overdetention of two prisoners was not due to deliberate indifference on the part of officials at Alabama’s Mobile County Jail. The Court’s ruling affirmed the grant of summary judgment to …
Article • August 15, 2013
California: City Not Liable for Police Officer’s Sexual Assaults on Minor by In January, 2013, the California Court of Appeal held that a statute providing that a “mandated reporter” reporting suspected child abuse to specified agencies cannot be constitutionally construed to require a mandated reporter to report his or her …
Article • August 15, 2013
California: Court Upholds Governor’s Authority to Contract with Out-of-State Private Prisons during Prison Overcrowding State of Emergency by The California Court of Appeal held in 2008 that Governor Schwarzenegger did not exceed his authority when, after invoking the Emergency Services Act (Gov. Code § 8550 et seq.) to issue a …
Article • August 15, 2013
California: Joint Pre-Trial Settlement Offer Valid in Wrongful Death Actions by In March, 2013, the California Court of Appeal affirmed the trial court’s award of expert witness fees to the prevailing party in a wrongful death suit. After Steven McDaniel was killed in a multiple vehicle accident, his wife and …
Article • August 15, 2013
Filed under: Medical, Hernias
California: Sacramento County Settles Medical Suit for $2,000 by In June 2008, Roy Long received $2,000 to settle a suit he had filed against Sacramento County and Placer County in 2002, alleging that, over a period of 15 months, jail officials in both counties had been deliberately indifferent to his …
Article • August 15, 2013
City of Chicago Sanctioned for Obstructing Discovery in Case of Wrongful Murder Prosecution by In October 2012, the City of Chicago was sanctioned for obstructing the discovery process in a case alleging that city police officials unconstitutionally brought a murder prosecution against a man they had reason to believe was …
Article • August 15, 2013
City of Los Angeles Settles Suit with ACLU over Policing Practices on Skid Row by A lawsuit over policing practices in the Skid Row area of downtown Los Angeles was dismissed in February 2009 when the City defendants and the ACLU stipulated to the terms of a Settlement Agreement under …
Article • August 15, 2013
Closure Proper Remedy if Court’s Order Balked by Officials by The First Circuit Court of Appeals has held that a district court has the authority to order a jail or prison closed if its order to correct constitutional violations is not complied with. This civil rights action was brought by …
Article • August 15, 2013
Filed under: Gay/Lesbian, Transgender
D.C. Guards Fired for Failing to Recognize Female Prisoner in Male Unit by The District of Columbia Jail has fired three guards that failed to realize a woman was being held in the male detention center, even after she had been strip searched and forced to shower with male prisoners. …
Article • August 15, 2013
Delaware Supreme Court Reverses Escape Conviction by In December 2012, the Delaware Supreme Court reversed an escape conviction because the prisoner’s request to represent himself was improperly denied. While serving a sentence for robbery at the Plummer Center in Wilmington, Delaware, prisoner Maurice Williams requested and received a medical pass …
Article • August 15, 2013
$5,001 Paid for Failing to Protect Florida Prisoner by While held at Florida’s Martin Correctional Institution in January 1992, the plaintiff prisoner was attacked by two prisoners, sustaining serious stab wounds to the head, face, shoulders, as well as multiple minor injuries, along with a broken dental plate. Plaintiff alleged …
Article • August 15, 2013
$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections by A $30,000 settlement was reached in an action filed against the Washington Department of Corrections (D.O.C.) for miscalculation of good-time credits resulting in false imprisonment. Charles D. Hardt was a prisoner at Airway Heights Correctional Center. With …
$450,000 Settlement in Prisoner’s Heroin Withdrawal Death Suit by In May, 2003, Prison Health Services (PHS) agreed to pay the family of Candace “Candy” Brown $450,000 to settle a lawsuit alleging inadequate medical care that resulted in Brown’s death. Brown was arrested in 2000 and taken to New York’s Monroe …
Article • August 15, 2013
Filed under: Searches, Strip Searches
$800,000 Settlement in Illegal Strip Search Claim Against Kentucky Jail by The parties to a class action lawsuit that alleged persons arrested for non-violent, non-drug-related misdemeanor offenses were strip searched illegally at Kentucky’s Bullitt County Detention Center (the Jail) have reached a settlement agreement. Under its terms, the Jail will …
Article • August 15, 2013
A Federal Prisoner Found Guilty of Making False Statements by A federal jury convicted a prisoner of making false statements against guards at a federal prison in Florida. A jury in the U.S. District Court in Miami, Florida, convicted Dalin Pico Rodriguez under Title 18, U.S.C., Section 1001 of two …
Article • August 15, 2013
Affordable Housing Reduces Crime by The Justice Policy Institute (JPI), a Washington, D.C.-based think tank dedicated to ending society’s reliance on incarceration, issued a research brief examining the correlation between housing and public safety. America has the highest incarceration rate in the world, with 1.4 million people in prison and …
Article • August 15, 2013
Angry Oregon Prisoner's Excessive Force Suit Dismissed Mid-Trial by A former Oregon prisoner who turned down a $60,000 excessive force settlement, fired his attorney and represented himself at trial was his own worst enemy. Fed up with his disruptive, disrespectful behavior, a federal judge dismissed his case mid-trial. On April …
Article • August 15, 2013
Attorney’s Fees Not Automatic Under Florida Rule 1.380 by Florida’s Fourth District Court of Appeals has held that a defendant is not entitled to attorney’s fees for a plaintiff’s refusal to admit the central issue of fact in a civil case. Before the Court was the appeal of Walter Shaw …
Article • August 15, 2013
Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury by The Tenth Circuit Court of Appeals held that injuries sustained by a jail guard were insufficient to sustain a two-level sentence enhancement for bodily injury. While imprisoned at Utah’s Weber County Jail on November 21, 2004, federal prisoner Francisco Mejia-Canales …
Article • August 15, 2013
Filed under: Sentencing, Good Time
BOP Good Time Regulation Promulgated in Violation of the APA; No Relief for Violation Ninth Circuit Holds by The Bureau of Prisons (BOP) regulation affording federal prisoners 54 days of good conduct time (GCT) for each year served was promulgated in violation of the Administrative Procedures Act (APA), the U.S. …
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