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Article • May 15, 2013
California Prisoner's Excessive Force Claims Settled for $1,750 by California prison officials paid a prisoner $1,750 to settle his excessive force suit, which sought $800,000 in damages. On July 21, 2005, California prisoner Keith Williams complained of a meager breakfast serving. Guard David Ramirez told Williams he was not getting …
Article • May 15, 2013
Filed under: Medical, Podiatry
California Prisoner Paid $5,150 for Medical Shoe Denial by California prison officials paid a prisoner $5,150 to settle his claims related to the denial of medically necessary shoes. When California prisoner Andrew Lopez was transferred on February 15, 2001, he was denied items of his personal property, including medically necessary …
Article • May 15, 2013
California Prisoner's Deliberate Indifference Claims Settled for $910.00 by A California prisoner was paid $910.00 to settle his claims that prison officials were deliberately indifferent to his serious medical needs and safety. California prisoner George L. Aaron suffered a painful ankle injury while playing handball on August 2, 2003. However, …
CCA Warden's Title VII Claims Dismissed by When a Corrections Corporation of America (CCA) facility warden failed to establish a discriminatory practice, the 5th Circuit Court of Appeals affirmed the summary judgment dismissing the Title VII claims. After being promoted to warden at a new CCA facility: Red Rock Correctional …
Article • May 15, 2013
City of Boston Settles in Excessive Use of Force Claim by In the United States District Court of the District of Massachusetts, the City of Boston on behalf of its employees agreed in March 2012 to settle a lawsuit alleging excessive use of force upon the plaintiff Michael P. O’Brien …
Article • May 15, 2013
City of Chicago Settles Police Brutality Suit by The City of Chicago as employer of Police Officers Bolin, Fryerson, Crouch, Percy, and other officers who took part in an unjustified beating of a witness to a likewise unjustified arrest, settled in June 2012 the resultant suit for $100,000. Plaintiff LaMonte …
Article • May 15, 2013
Federal Government Sues and Settles for Oregon Police Excessive Force by On December 17, 2012, the United States government filed federal suit against the City of Portland, Oregon, alleging excessive force by police. Federal prosecutors also submitted a proposed settlement requiring the City to implement numerous reforms, estimated to cost …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Article • May 15, 2013
Los Angeles County Settles in Sexual Assault by an Officer by The county of Los Angeles settled in May 2012 for $250,000 with Plaintiff Laura Moreno in a civil rights claim alleging sexual assault perpetrated by a Los Angeles County Public Safety Officer during a bogus traffic stop. Attorney fees …
Article • May 15, 2013
Maine Supreme Judicial Court Affirms Sheriff’s Entitlement to Discretionary Function Immunity by In December 2011, the Maine Supreme Judicial Court affirmed the Superior Court’s grant of summary judgment in favor of Washington County Sheriff Donald Smith on the ground that Smith was entitled to discretionary function immunity pursuant to the …
Article • May 15, 2013
Massachusetts Supreme Court Affirms Lower Court Order to Suppress Drug Evidence by In an interlocutory appeal filed by the Commonwealth of Massachusetts, the Supreme Judicial Court of Massachusetts affirmed in May 2012 the order of the Superior Court of Suffolk County suppressing evidence obtained in an unreasonably conducted strip search …
Article • May 15, 2013
New York $1.25 Million False Arrest Verdict Upheld by The New York Supreme Court upheld a jury's verdict that police subjected an innocent man to false arrest and malicious prosecution. The court found, however, that the $1,750,000 malicious prosecution damages verdict was excessive and reduced that award to $1,000,000. On …
Ohio Appellant Wins Mandamus Order Disclosing Attorney Fees Statements by Derek Gilna Appellant Jean A. Anderson won an appeal of a judgment denying her copies of certain itemized billing statements for attorneys service rendered to Vermillion, Ohio, overturning a lower-court decision that had sided with the city’s argument that the …
Article • May 15, 2013
Ohio Court Stays Prisoner Suit Pending Supreme Court Action by Derek Gilna Ohio state prisoners filed a Section 1983 civil rights class-action case in federal court against the state parole board, alleging reverse discrimination in the granting of parole. The Parole Board moved for and was granted a stay since …
Article • May 15, 2013
Oregon Guards Challenge Schedule Changes Without Collective Bargaining by The Oregon Supreme Court reversed a lower court's holding that the Department of Corrections (DOC) did not commit an unfair labor practice in failing to bargain with its employees' union, the Association of Oregon Corrections Employees (AOCE). AOCE and DOC were …
Article • May 15, 2013
Pennsylvania: Public Records Requests Under Right-to-Know Law Should Not be Derailed by Technicalities by In June 2012, a divided Commonwealth Court of Pennsylvania affirmed a decision of the Office of Open Records that a request for public records is governed by the Commonwealth’s Right-to-Know Law (RTKL), 65 P.S. §§67.101-67.3104, even …
Article • May 15, 2013
Filed under: Searches, Strip Searches
Public Strip Search Nets Oregon Prisoner $9,601 by An Oregon prisoner was awarded damages of $3,000, attorney's fees totaling $5,640 and $961 in costs, for a public strip search. Cody L. Martin was a minimum security prisoner of the Oregon Department of Corrections (ODOC). On April 14, 2008, Martin was …
Article • May 15, 2013
Sex Offender Conditions Permitted on Washington Non-Sex Offenses by The Washington State Court of Appeals held that sex offender conditions may be imposed even when not on supervision for a sex offense. In 2002, George Golden was convicted of a sex offense, served his time and was released. Then in …
Article • May 15, 2013
North Carolina Court Dismisses Petition for Judicial Review and Upholds Execution Protocol by North Carolina Department of Corrections' death row prisoners petitioned the Superior Court of North Carolina for judicial review of the Council of State's approval of an execution protocol order under G.S. 15-188 that would be carried out …
Article • May 15, 2013
Supreme Court Rules on Terrorist Issue by The U.S. Supreme Court reversed and remanded in May 2011, a Ninth Circuit Court of Appeals affirmation of an Idaho district court’s holding that U.S. Attorney General John D. Ashcroft was ineligible for both qualified and absolute immunity in a Fourth Amendment issue …
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