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Article • August 15, 2008
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Eighth Circuit: Administrator of Prisoner's Estate May Not Sue Pro Se by On March 29, 2005, the Eighth Circuit Court of Appeals held that the administrator of the estate of a prisoner who died of cancer while incarcerated in the Arkansas Department of Corrections may not file a suit for …
Evidence in Arizona Fatal Prisoner Abuse Suit Tailored in In Limine Ruling by The U.S. District Court for the District of Arizona ruled in limine on pre trial evidence following the denial of qualified immunity for Maricopa County Sheriff Joseph Arpaio in a § 1983 suit involving the death of …
Stay Pending Qualified Immunity Interlocutory Appeal Rejected in Arizona Prisoner Death Suit by Maricopa County (Arizona) Sheriff Joseph Arpaio filed a motion to stay litigation pending an interlocutory appeal on the denial of qualified immunity in a lawsuit filed by the parents of Tent City prisoner Phillip Wilson, who was …
Arkansas Trooper Mistakes Mentally Disabled Man for Fugitive and Kills Him; Deceased's Family Paid $1 Million by Former Arkansas State Trooper Larry Norman pled guilty to a charge of misdemeanor negligent homicide after killing mentally disabled Joseph Erin Hamley. Norman had mistaken Hamley, 21, for an escaped fugitive, and shot …
Alabama Prisoner’s Estate Loses Product Liability Suit by Louis Horn, an Alabama state prisoner, was killed by three other prisoners who picked his cell door lock and beat him to death. His estate filed a product liability case in state court against Southern Steel Co., the firm that made the …
Failure to Timely Provide Methadone Results in Death, Defeats Summary Judgment by The Seventh Circuit Court of Appeals has reversed an Illinois federal district court’s grant of summary judgment to officials at the Cook County Jail in a civil rights action that alleged inadequate medical assistance resulting in a prisoner’s …
Article • August 15, 2008
“Discretionary Function Immunity” Inapplicable to Alaska PO Duties by The Alaska Supreme Court has held that a parole officer’s day-to-day supervisory activities related to parolees are operational duties which are not entitled to discretionary function immunity. On November 23, 1996, Alaskan prisoner Calvin McGrew was released on parole. He was …
Illinois Jail Detainee's Death Related Medical Documents Ordered Disclosed by Abdelkadir Belbachir brought federal and state action against McHenry County (Illinois) in 2006 after his cousin, Hassiba Belbachir, died in the county jail. He motioned to compel documents declared exempt under the peer review privilege (privilege) of the State Medical …
Jail Guards Get Qualified Immunity for Beating, Pepper Spraying Prisoner Who Commits Suicide by The decedent was arrested for public intoxication; there was a fight when he was booked, resulting in his being sprayed with pepper spray or other chemical restraint. The officers carried him to a cell and sprayed …
Suit Over Mental Patient’s Murder Dismissed by The decedent was strangled by another mental patient, who had the previous day threatened to kill someone in order to be transferred to the other building, and who had attempted to choke another patient previously. The defendant doctor had met with the assailant …
No Liability for Prison Killing by Mass Murderer by The decedent was brutally murdered by another prisoner who had previously murdered his two sons, his girlfriend, and a prostitute, who had a non-trivial disciplinary record, and who had written a letter to the warden from segregation describing himself as homicidal …
Police Chief Subject to Discovery in Killing by Cop by The court cites law acknowledging the "need for controlling the use of subpoenas against high government officials," which usually requires a showing of "compelling need and extraordinary circumstances." The court questions whether a police chief is a "high government official," …
Article • August 15, 2008
MI Prisoner’s Estate’s Wrongful Death Suit Dismissed Because He Caused His Own Death by Swallowing Illegal Drugs by On an undisclosed date, Michigan resident Terance Graham was arrested for marijuana possession. Just before his arrest he swallowed an ounce of cocaine. Later, at the Washtenaw County Jail, he complained that …
Article • August 15, 2008
Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount by Phillip D. Hurst, a Kentucky prisoner, was taking prescribed methadone. When he returned one night to a Lexington County work release center in an intoxicated state, he was examined by two nurses who thought he was experiencing diabetes-related symptoms. …
Brief • August 15, 2008
USA v. Eberle, MI, Mot to excl evidence, sheriff excessive force, 2008 Case 2:08-cr-20139-SFC-PJK Document 28 Filed 08/15/2008 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, CRIMINAL NO. 08-20139 HON. SEAN COX -vsD-1 JOSEPH EBERLE, Defendant. ______________________________/ MOTION TO …
Brief • August 4, 2008
Heston v. City of Salinas, CA, Plf Mot for Attorney Fees, police taser death cardiac arrest, 2008 Case 5:05-cv-03658-JW Document 349 Filed 08/04/2008 Page 1 of 6 1 John Burton, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 Telephone: …
Brief • July 25, 2008
Heston v. City of Salinas, CA, Def Mot for New trial, police taser death cardiac arrest, 2008 Case 5:05-cv-03658-JW 1 2 3 4 5 6 7 8 9 10 11 Document 336 Filed 07/25/2008 Page 1 of 28 Mildred K. O’Linn, Esq. (State Bar No. 159055) Timothy J. Kral, Esq. …
Townsend v. CCA, TN, Complaint, inmate murder in double cell segregation, 2008 CCA-AF (6/2/14 PRA) 0201 CCA-AF (6/2/14 PRA) 0202 CCA-AF (6/2/14 PRA) 0203 CCA-AF (6/2/14 PRA) 0204
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