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Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 to Settle Slip and Fall Claim by On July 29, 2002, the County of Sacramento agreed to pay a woman $7,500 who slipped and fell while attempting to use the toilet the Sacramento Main Jail. Denise Gilliatt was moved into a cell that jail …
Article • May 15, 2010
Pierce County, Washington Pays $1,500 for Vehicle Damage by Washington State’s Pierce County paid $1,500 for vehicle damage caused by a county prisoner transport vehicle. On April 8, 2008 Robert B. Smith IV was stopped with traffic in the city of Tacoma. Guard Mitchell Andreasen, who was driving a Pierce …
Article • May 15, 2010
Washington Prisoner Paid $19,000 for Partial Loss of Toe by On September 14, 2007, the state of Washington paid $19,000 to settle with a prisoner who had a portion of his toe cut off while mowing grass at the Washington State Penitentiary in Walla Walla. The suit, filed in Snohomish …
Article • May 15, 2010
Washington Pays $12,000 for Slip on Ice at Probation Office by On December 17, 2008, the state of Washington paid $12,000 to settle a lawsuit filed by a woman who slipped on an iced-over puddle and fell onto the parking lot of a probation office in Marysville, Washington. As a …
Article • May 15, 2010
Washington DOC Agrees to Pay $1,000 to Prisoner Burned During Medical Test. by On April 28, 2006, the Washington Department of Corrections (DOC) agreed to pay $1,000 to a prisoner who received substandard medical care. Arthur Billups went in for medical treatment on December 28 and 29 for a test …
Military Contractors Granted Summary Judgment by On September 11, 2009, Iraqi citizens, Haidar Muhsin Saleh and Ilam Nassir Ibrahim, lost their appeal to the District of Columbia Circuit in regard to lawsuits filed against two private military contractors. The two men represented a group of plaintiffs who alleged they or …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
Article • May 15, 2010
Supreme Court of Washington Reverses Case Due to Erroneous Jury Instructions by On September 3, 2009, the Supreme Court of Washington State handed down a unanimous en banc decision holding that a defective jury instruction on the law of self defense submitted by the defense attorney requires reversal. Kenneth Kyllo, …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
Massachusetts Transsexual Case Proceeds to Discovery by A Massachusetts federal district has held that a prisoner who seeks a taxpayer-funded sex change has failed to prove “serious harm” by the denial of additional hair-removal treatments. The plaintiff is serving a life sentence for the murder of his wife, Cheryl, in …
Summary Judgment Denied in Ohio Police Excessive Force Case by An Ohio Federal district Court granted in part and denied in part a motion for summary judgment in a lawsuit against guards at the Montgomery County Jail, alleging use of excessive force. After being arrested by Dayton Police for criminal …
Medical Review Board’s Order Properly Excluded in Connecticut Worker’s Compensation Claim by The Connecticut Supreme Court has affirmed an order by the compensation review board that approved the refusal of the workers’ compensation commissioner to admit into evidence a decision by the state medical examining board awarding a prison guard …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
Article • May 15, 2010
City of Monroe, Washington Ordered to Produce Requested Records by City of Monroe Ordered to Produce Requested Records On October 26, 2009, a Washington appellate court published its opinion affirming in part, reversing in part and remanding a complaint regarding that state's Public Disclosure Act (PDA). The original complaint was …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …
Summary Judgment Denied in Part in New York Prisoner Extortion/Beating Suit by On October 28, 2009, a New York federal court denied in part New York City jail officials' motion for summary judgment in a lawsuit brought by a Rikers Island pretrial detainee after guards allegedly ignored his request for …
Seventh Circuit Reverses Class Certification in Cook County Jail Case by On September 8, 2008, the Seventh Circuit court of appeals reversed an Illinois federal district court's class certification in a suit over delay in the release of an arrestee while family members were attempting to post bond. Robert Harper …
Arkansas Supreme Court Upholds Changes to Death Penalty Procedures by Frank Williams, Jr., an Arkansas Death Row prisoner, filed a complaint for declaratory judgment in state circuit court, alleging that the Arkansas Department of Corrections (DOC) administrative directive (AD) 08-28 setting forth execution procedures was adopted in violation of the …
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