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Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit by Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit The Ninth Circuit U.S. Court of Appeals ruled that a prisoner’s lawsuit against the Los Angeles County …
Oregon Jail Suicide Nets $59,422 by On March 14, 2008, Multnomah County, Oregon paid $59,422 to the estate of a mentally ill female detainee to settle a suit stemming from her jail suicide. Berta Ray Lee was a 27-year-old mother of three minor children, ages five, seven and nine. She …
Article • May 15, 2009 • from PLN May, 2009
Florida Prison Officials’ Failure to Timely Respond to Grievances Results in Exhaustion of Administrative Remedies by Florida Prison Officials’ Failure to Timely Respond to Grievances Results in Exhaustion of Administrative Remedies The Eleventh Circuit Court of Appeals held that Florida prison officials failed to timely respond to a prisoner’s grievance, …
Article • May 15, 2009 • from PLN May, 2009
Filed under: Media, TV/Movies
Prisons and Jails Preparing for Switch to Digital TV Broadcasting ... or Not by Matthew Clarke Prisons and Jails Preparing for Switch to Digital TV Broadcasting ... or Not by Matt Clarke On February 17, 2009, over-the-air television broadcasters were scheduled to complete the switch from analog to digital signals. …
New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds by New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds Questioning a lower court’s ability to conduct a fair hearing, a New Jersey appellate court ordered a new hearing before a different judge for a …
Article • May 15, 2009 • from PLN May, 2009
Second Prisoner Unconditionally Released from Washington State Civil Commitment Center by Washington State, for only the second time ever, has unconditionally released a prisoner from the Special Commitment Center (SCC), a facility for civilly-committed sex offenders located on McNeil Island near Tacoma. John Henry Mathers, 56, was civilly-committed in July …
Article • May 15, 2009 • from PLN May, 2009
California Prison Fined $40,000 for (Another) Raw Sewage Spill by California Prison Fined $40,000 for (Another) Raw Sewage Spill California water officials fined the California Men’s Colony State Prison (CMC) in San Louis Obispo $40,000 for a 20,000 gallon raw sewage spill into Chorro Creek on January 27, 2008. This …
$95,000 Awarded After NY Court Officers Fail to Transmit Protective Custody Order to DOC and Rape Occurs by The Supreme Court of New York held that the Court of Claims erred when it dismissed a prisoner’s damages claim for injuries suffered when he was not placed in protective custody as …
Article • May 15, 2009 • from PLN May, 2009
Federal Supervised Release Must be Credited for Time Served on Prior Revocations by Federal Supervised Release Must be Credited for Time Served on Prior Revocations The Eleventh Circuit Court of Appeals held that the maximum allowable period of federal supervised release following multiple revocations must be reduced by the aggregate …
Article • May 15, 2009 • from PLN May, 2009
Eighth Circuit: Missouri Prisoner Has Right to Elective Abortion by The Eighth Circuit U.S. Court of Appeals has held that the Missouri Department of Corrections’ (MDOC) blanket policy of prohibiting the transport of female prisoners to outside medical facilities for elective, non-therapeutic abortions violated the Fourteenth Amendment. An anonymous MDOC …
Article • May 15, 2009 • from PLN May, 2009
South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard by South Dakota Jail Prisoner Awarded $1.1 Million for Rape by Guard A South Dakota federal jury awarded a former female pretrial detainee $1.1 million in damages for being raped by a guard at the Pennington County Jail. The …
Article • May 15, 2009 • from PLN May, 2009
Executioner Banned in Missouri but Available for Hire Elsewhere by John Dannenberg by John E. Dannenberg A former Missouri prison doctor and participant in lethal injections, who was banned from performing executions in that state, is still for hire to conduct executions in other jurisdictions. With over 40 death sentences …
Article • May 15, 2009
Filed under: Employee Litigation, Police
Massachusetts Federal Jury Awards Ex-Police Chief $770,000 for Military Employment Discrimination by On June 18, 2008, a federal jury awarded former Winohendon, Massachusetts Police Chief Robert N. Harrington, Jr. $770,000 in a federal lawsuit that alleged the town and Town Manager James M. Kreidler, Jr. discriminated against him because he …
Article • May 15, 2009
Michigan Sex Offender Registration Act Does not Apply to Bestiality Conviction by After pleading no contest to committing an "abominable and detestable crime against nature" with a sheep, Jeffrey Haynes was sentenced as a habitual criminal in a Michigan court to 2½ to 20 years behind bars. The trial court …
Mississippi Woman Awarded $75,000 for Wrongful Incarceration Due to Court Clerk Error by On October 19, 2005, a federal jury in Mississippi awarded Michelle Hobbs $75,000 after she was wrongfully detained for 4 hours based on an arrest warrant mistakenly issued by a court clerk. Hobbs's initial arrest occurred in …
Article • May 15, 2009
Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections officials in that State failed to release him for almost 60 days after his court-ordered release. Convicted of theft in St. Louis …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Article • May 15, 2009
Oregon Cops Outraged by Excessive Force Reforms by Following several high-profile, controversial incidents, the Portland Police Bureau (PPB) is “cracking down” on high excessive-to-arrest ratios, and officers are outraged. In the wake of a fatal 2003 police shooting, the PPB began collecting officer use-of-force data in the summer of 2004, …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
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