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Article • March 15, 2013 • from PLN March, 2013
$2 Million Settlement in Mailman’s Death at New York City Jail by The City of New York has agreed to pay $2 million to settle a lawsuit claiming that deliberate indifference resulted in the death of a pretrial detainee. The settlement came in a federal civil rights action filed by …
Article • March 15, 2013 • from PLN March, 2013
Former New York Prisoner Exonerated, Receives $2 Million Settlement by A man whose conviction was overturned after spending 10 years in prison has settled his wrongful conviction suit against the State of New York for $2 million. Michael Clancy, 25, was working as an apprentice elevator mechanic when he was …
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners by The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases. The issue was before the Third Circuit following …
Article • March 15, 2013 • from PLN March, 2013
Fifth Circuit Reverses $659,300 Katrina-Related Jury Award by Matthew Clarke by Matt Clarke In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then …
Article • March 15, 2013 • from PLN March, 2013
Illinois Woman Awarded $70,000 for Strip Search Based on Canine Alert by On June 28, 2012, an Illinois federal jury awarded a woman $70,000 for a strip search that occurred after a drug detection canine alerted on her car following a traffic stop for an unrelated warrant for failure to …
Article • March 15, 2013 • from PLN March, 2013
Oregon ACLU Sues Jail over Mail Policy; County Quickly Capitulates by The American Civil Liberties Union of Oregon filed a federal lawsuit against a county jail in June 2012, challenging a policy that prevented prisoners from receiving ACLU correspondence. County officials quickly agreed to change the policy and the suit …
Article • March 15, 2013 • from PLN March, 2013
Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted by On June 15, 2012, the Court of Appeals for the Eighth Circuit reversed the dismissal of a prisoner’s claims related to inadequate medical care. Missouri state prisoner Mark E. Hammett, while housed at the Jefferson County Correctional Center, …
Bid-Rigging, Sex, and Politicians: Welcome to Oklahoma by Brandon Sample A $10 million-a-year contract awarded to the Ada Youth Academy Authority for a new juvenile facility has been put on hold while the Oklahoma Attorney General's Office looks into whether the contract was improperly steered to Ada by an Oklahoma …
Article • March 15, 2013
California: CDCR Releases Latest Recidivism Report by In October 2010, in what California Department of Corrections and Rehabilitation (CDCR) Secretary Matthew Cate billed as the first in a series of annual reports designed to provide new insights to policy-makers and correctional stakeholders with regard to the dynamics of recidivism, CDCR's …
Article • March 15, 2013
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA by Derek Gilna The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were …
Chicago Police Hit with Big Judgment and “Code of Silence” Finding by Derek Gilna Chicago Police have a difficult and dangerous job, but also a heavy responsibility to hold themselves accountable to follow the same laws they are sworn to uphold. In the case of Karolina Obrycka, a diminutive tavern …
Article • March 15, 2013
DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner by Derek Gilna The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge, who had sought document disclosure from the FBI …
El Paso Prisoner Receives $80,000 Settlement by Derek Gilna Former El Paso County prisoner Brock John Behler received a settlement of $80,000 from El Paso County, Colorado to settle a federal civil rights lawsuit alleging the use of excessive force by former Deputy Dennis Grivois. The 2009 lawsuit, filed in …
Article • March 15, 2013
New Hampshire Supreme Court Reverses Guard’s $2 Million Verdict by The New Hampshire Supreme Court overturned a $2 million award to two prison guards who were fired based on false reports, holding the award exceeds the state law cap. The facts giving rise to the lawsuit came from the April …
Article • March 15, 2013
Court Documents Prove I was Sent to Communication Management Units (CMU) for my Political Speech by Daniel McGowan I currently reside at a halfway house in Brooklyn, serving out the last few months of a seven-year sentence for my role in arsons credited to the Earth Liberation Front (ELF) at …
Article • March 15, 2013
Filed under: News
Newly Installed Florida Prison Chief Sacked by David Reutter by David M. Reutter After campaigning on a theme of reeling in wasteful spending, Rick Scott wasted no time as governor in tapping Edwin Buss as Secretary of the Florida Department of Corrections (FDOC). At the time, Buss was Indiana’s Commissioner …
Article • March 15, 2013
Florence Strip-Search Decision Sends Iowa Case Back to Square One by Derek Gilna The recent decision by the United States Supreme Court in Florence v. Board of Chosen Freeholders of the County of Burlington, 132 S.Ct. 1510 (2012), which held that every detainee, even one held on a non-indictable offense, …
Article • March 15, 2013
Filed under: Searches, Strip Searches
$300,000 Settlement Reached in Iowa Illegal Strip Search Case by A $300,000 settlement was reached in the Iowa case of an illegal strip search conducted upon three high school students. The case began in the first week of the 2009 school year. The three girls, Holleigh Jo Jacobsen, Griffin Ferguson, …
Article • March 15, 2013
Alabama: Deputy Sheriffs Immune from Suit for Damages by The Alabama Supreme Court has held that deputy sheriffs, like sheriffs, are constitutional officers who, by virtue of the doctrine of state immunity, cannot be sued for monetary damages in their individual capacity when the acts that form the basis of …
Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled by Mark Wilson On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified …
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