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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 …
Article • August 15, 2008
California Sex Offender Parolee’s Computer Restrictions Valid Where Computer Use was Related to Past Crimes by by John E. Dannenberg The California Court of Appeal has held that a “no-computers” condition of parole for a parolee convicted of lewd conduct with a minor was appropriate where the parolee had had …
Article • August 15, 2008
Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access by Wisconsin State prisoner William West brought 42 U.S.C. $ 1983 action against the Wisconsin Secure Program Facility (WSPF) and various guards after they refused him access to prepaid newspapers and discarded some issues in the trash. The …
Article • August 15, 2008
California Indian Prisoners Ordered To Practice Religion At Own Expense by California federal Indian prisoners brought a class action suit against the Federal Correctional Institution (FCI) at Lompoc in 1977 for the inability to access a sweat lodge the lodge was ordered built at the plaintiffs' expense. Terry Bear Ribs, …
Production Denial Of California Investigative Jailhouse Informant Misuse Documents Ordered Reviewed by Ex California State prisoner Thomas Goldstein sought review of an order denying him grand jury investigative evidentiary materials for use in his 42 U.S.C. § 1983 action for wrongful conviction. The materials had a direct relationship to his …
District Of Columbia Class Action Reinstated For Excessive Copying Fees by District of Columbia resident Julian Ford sought review of his class action denial against medical records contractor ChartOne, Inc., for charging excessive copying fees. The court denied the certification deeming Ford's acquisition of the records for commercial purposes and …
Article • August 15, 2008
Washington Court Allows Ex Parte Communication With Litigant's Non Party Employees by Washington State residents Nancy and Daniel Wright challenged a court order preventing ex parte communication with Group Health Hospital (GHH) personnel regarding their injury lawsuit. The ruling was reversed as to communication with non party employees not having …
Article • August 15, 2008
Filed under: Private Prisons, Allvest, Zoning
$2.5 Million Settlement For Private Prison Construction Cancellation by The City of Delta Junction (City) and Alaska corporations Allvest, Inc., and Delta Corrections Group, LLC (DCG), settled a lawsuit after House Bill 149 threatened to halt private prison construction underway at Ft. Greely. Allvest/DCG and the City commenced the building …
Colorado County Sheriff, Jail Nurse Liable For Detainee's Leg Amputation, Illness by Park County (Colorado) Jail detainee and Mexico citizen Moises Reyes brought § 1983 and state law action against the Park County Board of County Commissioners (BCC), Sheriff Fred Wegener, Captain Monte Gore and nurse Vickie Paulsen after losing …
Article • August 15, 2008
Connecticut Police Brutality Suit Settles For $44,000 by Connecticut resident Jacob Dagley brought action against the City of Norwalk (City) and it's police after suffering numerous injuries in 2003. Several policemen beat and kicked Dagley after subduing him. The suit settled for $44,000. Police stopped a vehicle they thought 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 …
Hawaii State Officials Granted Immunity In Prisoner Beating by Hawaii State pro se prisoner William Aholelei brought a § 1983 action against the Department of Public Safety and various other state officials (defendants) after being assaulted in 2003 by fellow prisoners. He appealed the defendants' summary judgment grant for sovereign …
Article • August 15, 2008
California Public Interest In Peace Officers' Identity And Activities, Outweigh Statutory Exemption by The Los Angeles Times (Times) sought review of an appellate denial for the release of peace officer information under the California Public Records Act (Act). The disclosure was ordered pending a specificity determination by the Superior Court. …
Article • August 15, 2008
D.C. Circuit Reverses Res Judicata Dismissal; Failure to Treat HCV Constitutes “Imminent Danger” by The United States Court of Appeals for the D.C. Circuit reversed a lower court’s dismissal of a pro se prisoner’s suit, on res judicata grounds. The court also granted the prisoner leave to appeal in forma …
Court Rejects Disciplinary Habeas on Merits, Despite Time Bar by The plaintiff's habeas challenge to a disciplinary proceeding is time-barred under AEDPA, since the proceeding was concluded in 1997 and the plaintiff missed the one-year grace period provided by the statute. The court finds no authority supporting a requirement that …
Article • August 15, 2008
Losing Brutality Suit in State Court Bars Federal Claim by The plaintiff lost his use of force claim in the state Court of Claims; the court held that the preponderance of evidence showed that the officers followed DOCS routine. That decision precludes the plaintiff from relitigating the use of force …
Article • August 15, 2008
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard by The plaintiff alleged that she was raped by a guard, resulting in pregnancy; the officer was confirmed as 96% likely to be the father. At 420: "... [R]umors and innuendoes of sexual impropriety between inmates and prison guards …
Article • August 15, 2008
Federal Employees Cannot Be Subpoenaed for Private Litigation by The district court did not abuse its discretion in quashing a deposition subpoena for a Fish and Wildlife Service biologist, consistently with the FWS's policy of not letting its biologists testify in private litigation, since they were already overworked and the …
Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability by At 575-76: ... [T]here is a complex intersection between qualified immunity and supervisory liability. If a plaintiff can establish the requisite indifference in the face of a policy or widespread and pervasive abuses caused by a policy, the …
Article • August 15, 2008
PLRA Three Strikes Law Constitutional by The plaintiff is barred by the three strikes provision, which is not unconstitutional, holds the court in an insubstantial opinion. See: Demos v. John Doe/Manufacturers/Skoal/Copenhagen Pipe & Tobacco, 118 F.Supp.2d 172, 2000 U.S. Dist. LEXIS 16287
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