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Kansas Supreme Court Holds State Immune from Suit Over Murder by Escapee by Matthew Clarke On April 22, 2016, the Supreme Court of Kansas held that the son of a woman murdered by an escaped state prisoner could not sue the state for her personal injuries and wrongful death. The …
Colorado Guards Joke While Prisoner Dies from Easily Preventable Cause by Matthew Clarke The death of 35-year-old Colorado Department of Corrections (DOC) prisoner Christopher Lopez at the San Carols Correctional Facility on March 17, 2013, would have been rejected if submitted as a plot for a novel. It is too …
Petrolino v. City of San Francisco, CA, Order, Wrongful Death, 2016 Case 3:16-cv-02946-RS Document 54 Filed 10/24/16 Page 1 of 9 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 FABIO PETROLINO, et al., 7 Case No. 16-cv-02946-RS Plaintiffs, 8 v. 9 CITY AND COUNTY …
Moreira v. City of New York, NY, Interrogatories, 2016
Article • October 14, 2016
Prison-Area Cell Phone Companies Not Liable for Attempted Hit on Guard by Matthew Clarke In a March 25, 2015, opinion, the Fourth Circuit Court of Appeals held that cell phone service providers and owners of cell towers in the area around a South Carolina prison were not liable for the …
Article • October 3, 2016 • from PLN October, 2016
Sixth Circuit Vacates Denial of Qualified Immunity; Each Defendant’s Conduct Must be Individually Evaluated by Mark Wilson The Sixth Circuit Court of Appeals has vacated a district court’s denial of qualified immunity because an individualized inquiry into the defendants’ role during an illegal body cavity search was not conducted. Felix …
Private Medical Contractors in Kentucky Not Entitled to Qualified Immunity by The Kentucky Court of Appeals held that a trial court improperly granted summary judgment to the defendants in a civil action alleging a prisoner received negligent medical care at the Hardin County Detention Center (HCDC). HCDC contracts with Southern …
Programmed to Kill: The Growing Epidemic of Cops Shooting Dogs by John W. Whitehead By John W. Whitehead, The Rutherford Institute - Commentary “In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety of …
Petrolino v. City of San Francisco, CA, Plaintiff's Opposition to Defendant's MTD, Wrongful Death, 2016 Case 3:16-cv-02946-RS Document 48 Filed 09/22/16 Page 1 of 22 1 JEFFREY L. BORNSTEIN – 099358 ERNEST GALVAN – 196065 2 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN GALVAN & GRUNFELD LLP 3 50 Fremont Street, …
D.C. Prisoner’s Stabbing Suit Nets $3,000 Settlement by The District of Columbia (D.C.) paid $3,000 to settle the negligence lawsuit of prisoner Cardell Richard Torney, Jr., for failure to protect his assault and stabbing. While being held at the D.C. Jail on December 27, 1998, Torney was stabbed by another …
D.C. Agrees to Pay $40,000 to Settle Excessive Force & Inadequate Medical Care Claims by On September 23, 2002, the District of Columbia agreed to pay $40,000 to a man who was assaulted by guards at the D.C. Central Detention Facility. Mark Franklin, unaware of protocol used for moving prisoners …
$340,000 Settlement for Federal Prisoner Severely Beaten by Cellmate While Handcuffed by Lonnie Burton On October 2, 1997, the United States agreed to pay a federal prisoner a total of $340,000 to settle a lawsuit filed just months earlier alleging that negligence and deliberate indifference on the part of prison …
$55,000 Settlement for Federal Prisoner Repeatedly Raped By Guard by Lonnie Burton On November 20, 2003, a federal prisoner settled a lawsuit she filed against the United States, a guard, and the warden at a federal prison in San Diego on a claim that she was repeatedly raped by a …
Arizona Fines Wexford SIOK for Neglect, Hep-C Exposure by Arizona's Department of Corrections (ADC) disciplines private contractors like parents who banish teenagers to the cozy confines of their bedrooms. Wexford Health Sources, which recently took over prisoner healthcare in Arizona after winning a three-year. $349-million contract, was lined a paltry …
Article • September 9, 2016
Citizen's Wrongful Detention suit against ICE 'reinstated by Second Circuit by Derek Gilna Viterbo Liranzo was a U.S. citizen through section 321 of the Immigration and Naturalization Act (INA), which conferred derivative citizenship on children of U.S. citizens, even though neither parent nor the child requested it. Liranzo was unaware …
Former New Mexico Jail Lieutenant's Prisoner Mistreatment Convictions Upheld by On February 28, 2012, the Tenth Circuit court of appeals upheld the convictions of a former guard lieutenant for abusing prisoners and falsifying records at two different New Mexico jails. Based on speedy trial and exclusion-of-evidence grounds, John Gould, a …
Suicides Plague North Carolina Prison System by Four suicides occurred in North Carolina state prisons during a 17-day period from April 19 to May 5, 2016, bringing the total number of self-inflicted prisoner deaths to five this year and surpassing last year’s total of three. An investigation by The Charlotte …
Louisiana Sheriff Faces Recall Petition, Federal Indictments by Organizers hope that a petition circulating throughout Louisiana’s Iberia Parish will result in the recall of Sheriff Louis Ackal. According to Donald Broussard, the activist who started the petition, a “dark cloud is being cast over Iberia Parish” due to corruption attributed …
Article • September 2, 2016 • from PLN September, 2016
North Carolina Prisoners and Former Employees Describe “Boom-Boom Room” by Inside the Lumberton Correctional Institution, a medium-security prison near Fayetteville, North Carolina, there is said to be an isolated office known as the “boom-boom room.” There, according to prisoners and former staff members alike, unlucky prisoners were taken by guards …
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
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