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Article • August 15, 2008
Salinas (California) Police Harassment, False Arrest Suit Settles For $90,000 by San Mateo County (California) Superior Court staff Paralegal and youth football coach, Maurice Goodman, brought a § 1983 action for civil rights violations against the City of Salinas and police for being falsely arrested in 2005. The suit settled …
Prison Beating Claim Subject to Exhaustion by Use of force claims are prison conditions claims for purposes of exhaustion. At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from …
Article • August 15, 2008
$1 Million Settlement After Florida Teen's Shooting Death by Police by Delray Beach, Florida residents Kenneth Miller and Terry Glover brought a § 1983 action against the city and rookie policeman Barren Cogoni for negligence and excessive force after Cogoni shot and killed Jerrod Miller in 2005. The suit settled …
Article • August 15, 2008
Excessive Force Kansas Juvenile Death Case Settled for $185,000 by A 17-year-old Kansas prisoner’s estate was paid $185,000 to settle claims related to his death. Mr. Mapes, a 17-year-old juvenile detainee, had an altercation with a guard, who restrained him by handcuffing him and sitting on his chest. Mapes died …
PA Prisoner’s Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and Primecare Medical, a private health care company, in federal district court after the guards beat him and the health care company failed to provide adequate care. He argued that these …
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. …
McGriff v. Hall, FL, Plf Second Request for Inspection, Guard Excessive Force, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION VINCENT McGRIFF, Plaintiff, v. CASE NO. 3:07-cv-00085-RV-MD CORRECTIONS OFFICER C.L. HALL and CORRECTIONS OFFICER R.A. COWAN, Defendants. PLAINTIFF’S SECOND REQUEST FOR INSPECTION COMES …
Child Abuse Abounds in Wilderness and Boot Camp Programs by Matthew Clarke by Matt Clarke On October 10, 2007, the U.S. Government Accountability Office (GAO)--a federal governmental entity that audits, evaluates and investigates for Congress--released a report on residential treatment programs (RTPs) entitled Concerns Regarding Abuse and Death in Certain …
Squalor, Corruption Cause Cancellation of GEO Group’s TYC Contract by Gary Hunter When Texas Youth Commission (TYC) ombudsman Will Harrell toured the privately-operated Coke County Juvenile Justice Center in Bronte, Texas on September 24, 2007, he found children sleeping on dirty bed sheets, walls covered with smeared feces, urine-stained walls …
Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the former warden of the Florida State Prison (FSP) was not entitled to qualified immunity in a civil rights …
Article • July 15, 2008 • from PLN July, 2008
Two BOP Guards, One Beaten Prisoner: One Guilty Plea, One Acquittal by Disparate outcomes resulting from charges brought against two federal prison guards accused of assaulting a prisoner reveal the public’s lackluster attitude toward such abuse. The charges stemmed from the Sept. 29, 2004 beating of prisoner John Clark, who …
No Safety or Security for Maryland Prisoners by Michael Rigby Twenty-five guards have been fired amid allegations that they beat prisoners at two Maryland prisons. The Maryland Department of Public Safety and Correctional Services (DPSCS) initially terminated the employment of eight guards on April 4, 2008. Another nine were fired …
Article • July 15, 2008 • from PLN July, 2008
Ohio Prisoner Wins $4,525 Award For Assault By Guard by On May 12, 2007, the Court of Claims of Ohio issued a judgment in favor of an Ohio state prisoner awarding him $4,525 for an assault by a guard. Daniel Booth, an Ohio state prisoner, was working in the kitchen …
Article • July 15, 2008
Massachusetts Action to Compel Medical Treatment Dismissed; Lacked Eighth Amendment Claim, Diagnosis by Massachusetts State pro se prisoner Kenneth Mocks brought an action to compel the State Department of Corrections Director of Health Services, John Noonan, to provide allegedly needed medical care. Also named as a defendant, but judicially dismissed, …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
Article • July 15, 2008
Bruise from Push by New York Prison Guard Nets $100 by A New York prisoner who struck his face on a doorjamb when a guard pushed him through a doorway was awarded $100. New York prisoner Andrew Harvey was on the recreation yard at Watertown Correctional Facility when a riot …
Article • July 15, 2008
Cell Extraction of Missouri Prisoner Resulting in Facial Injuries Nets $20,000 by A Missouri prisoner who sustained facial injuries during a cell extraction was awarded $20,000. A five-man movement team entered Mr. Davis-El’s cell to search it. Davis-El was placed facedown on the concrete floor and a guard punched him, …
Article • July 15, 2008
Scuffle With Guards Earns New York Prisoner $250 by A New York prisoner who was subjected to excessive force was awarded $250. Mr. McNeill, a 25-year-old New York prisoner being transferred within the prison, was tripped and kicked by guards. He suffered facial lacerations, a bloody nose, and abrasions on …
Article • July 15, 2008
Filed under: Excessive Force, Dogs
Washington Prisoner Settles Suit for $5,000 After Being Attacked by Police Dog by Kirk Rishor, a Washington state prisoner, sued the Franklin County Sheriff and Pasco City police in state court after he was bitten by a police dog they sicced on him when he refuse to go to his …
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