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Article • August 15, 2008
Texas Attorney To Repay $200,000 He Stole From Imprisoned Father by Ex Texas federal prisoner John Kennedy (plaintiff) brought suit against his son Michael for theft, conversion, and fraud after stealing his money and turning the plaintiff in to the Internal Revenue Service (IRS). His son was ordered to repay …
Article • August 15, 2008
$185,000 Settlement In Ohio Deceased's Estate For Racial Discrimination And Retaliatory Termination by Ohio State Resident Sheila Smoot, acting as administratrix of her deceased husband Robert's estate, brought suit for racial discrimination and retaliatory termination in 2006 against the Hillcrest Training Center (HTC) juvenile facility. The suit settled for $185,000. …
Article • August 15, 2008
Arkansas State Agency Prepared Taxpayer Documents Ordered Disclosed by Arkansas State corporation Ryan & Company AR, Inc. (Ryan) appealed a court ruling exempting the disclosure of specific taxpayer related legal opinions under the state Freedom of Information Act (Act). The ruling was reversed and the redacted disclosure was ordered. Ryan …
Article • August 15, 2008
Filed under: Police, Police Chases
$1.2 Million Settlement For Childrens' Death During D.C. Police Chase by District of Columbia (D.C.) residents Towhanna Boston and Christopher Suydan, Sr., brought suit after a D.C. police pursuit caused the death of Suydan's children in 2004. The suit settled for $1.2 million. Suydan and his two children, Octavia and …
Article • August 15, 2008
San Leandro (California) Police Taser, Choke Man To Death; $395K Settlement by A San Leandro (California) family (plaintiffs) brought suit against the city and it's police after the tasing and choking of Jose Perez, Jr., in 2005 resulting in his death. The suit settled on May 24, 2007 without admission …
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 …
Article • August 15, 2008
Maine Ambulance Service Ordered To Respond To Reduced Rate Prison Calls by The Maine Department of Public Safety, Department of Emergency Medical Services (Department appealed a court ruling that it's board erred in requiring the Town of Warren Ambulance Service (Service) to respond to calls at the State Prison. The …
Article • August 15, 2008
San Diego Sheriff’s Employee Terminated for Marrying A Felon by San Diego (California) ex sheriff's department employee Arleshia Graham appealed mandamus denial by the Civil Service Commission (CSC) challenging her 2005 termination for marrying a felon. Her termination was affirmed. A long time employee and recently promoted processing supervisor, Graham …
Article • August 15, 2008
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Article • August 15, 2008
Michigan State Treasurer Seizes 90 Percent Of Prisoner's Suit Proceeds by Michigan State prisoner Raymond Jackson sought leave to appeal an appellate ruling allowing the state treasurer to seize 90 percent of his federal action proceeds under the State Correctional Facility Reimbursement Act (SCFRA). His attorneys appealed the reduction of …
Article • August 15, 2008
No Constitutional Right To Watch T.V. In California Jail by California State pro se prisoner Andrew Andersen appealed the dismissal of his § 1983 and state violation action. He alleged television access violations, subjection to a single religion and misuse of prisoner funds while detained in the Orange County Jail. …
Article • August 15, 2008
CCA Denied Over $2 Million In Tax Deductions by Corrections Corporation of America (CCA) appealed a New Mexico court denial for gross receipts tax deduction claims totaling over $2 million. The denial was affirmed due to the "per diem rate" prisoner housing calculation. CCA contracts to house prisoners for the …
Article • August 15, 2008
Class Action Suits for Damages and Injunctions Discussed by When class plaintiffs seek both equitable relief and money damages, class certification must be done under Rule 23(b)(3), with its individualized notice and opt-out provisions, unless the damages are "incidental" to the equitable relief. (This holding appears to refer to class …
Article • August 15, 2008
Voluntary Dismissals Subject to PLRA by The plaintiff sought voluntary dismissal The court says such a motion doesn't absolve him of the consequences of his actions under the PLRA, and notes his prior pattern of seeking voluntary dismissal (7 of 20 cases), characterizing it as "strategic" and done after court …
Parole Denial for Lack of Sex Offender Treatment Upheld by The plaintiff, a convicted sex offender, was denied parole inter alia because he failed to participate in mental health counseling or sex offender treatment. Later he refused to agree to a program plan which would have remedied those lacks. Then …
Article • August 15, 2008
Some Sexual Harassment of Prisoners Constitutional by The plaintiff alleged several incidents of sexual harassment by a staff member (dry-humping sums it up). All but one of his claims are barred by his failure to file grievances about them. Since the plaintiff requested damages and did not allege an official …
Fifth Circuit Misstates Retaliation Standard by Prisoners claiming retaliation must allege "(1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation." The plaintiff alleged retaliation for his filing of grievances …
Article • August 15, 2008
Disabled Washington Jail Guard’s Suit Dismissed by The plaintiff correction officers were permanently disabled and could not occupy positions requiring inmate contact. They were not qualified individuals with a disability, since no accommodation would allow them to have direct inmate contact, an essential function of their position. Incidental inmate contact …
Article • August 15, 2008
State Consent Decree Valid Despite Governor’s Objection by The state submitted a consent decree to plaintiffs and agreed to several changes; the day before it was to be presented to court, the Assistant AG repudiated it at the direction of the Office of the Governor, which had just learned of …
Article • August 15, 2008
Failure to Protect Suit Dismissed by The plaintiff had a separation order from another prisoner whose brother he had killed. He was assaulted by that prisoner, who was permitted to be in the same population only because of error. There was no showing that the defendants actually knew about the …
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