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Article • March 15, 2010 • from PLN March, 2010
$80,000 Award in NY Prisoner’s Claim for Injuries Caused by Assault by A New York Court of Claims has awarded $80,000 in damages to a prisoner at the Auburn Correctional Facility in connection with a prisoner-on-prisoner assault. Previously, in an October 1, 2007 order, the court found the State of …
Article • March 15, 2010 • from PLN March, 2010
Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit by Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit The Fourth Circuit Court of Appeals has joined five other circuits in holding that a former prisoner’s § 1983 false imprisonment claim is not barred by the …
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
Partial Summary Judgment Granted To PLN in FOIA Case against EOUSA by Brandon Sample On September 16, 2009, U.S. District Judge Marcia S. Krieger granted in part and denied in part a motion for summary judgment by Prison Legal News (PLN) in a Freedom of Information Act (FOIA) case wherein …
$2.1 Million Awarded in New York Unjust Conviction Claim by On March 16, 2009, a New York Court of Claims awarded $2,093,420 in damages to a man who was wrongfully convicted of sexually assaulting his 4-year-old child. He had spent more than two years in a maximum-security prison. During “an …
Texas Religious Group Policies May Violate First Amendment and RLUIPA; TDCJ Changes Policy by The Fifth Circuit Court of Appeals held that Texas Department of Criminal Justice (TDCJ) policies that had the effect of prohibiting a prisoner from meeting with other members of his religion and possessing religious items may …
Article • March 15, 2010 • from PLN March, 2010
Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …
Article • March 15, 2010 • from PLN March, 2010
Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida by Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida The Eleventh Circuit Court of Appeals has held that 42 U.S.C. § 1983 actions filed in Florida have a four-year statute of limitations. The appellate …
Brief • March 8, 2010
Prison Legal News v. EOUSA, 10th Cir, Amicus Brief, public records, 2010 Case Nos. 09-1511 & 09-1531 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT PRISON LEGAL NEWS, Plaintiff-Appellant, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Defendant-Appellee. On Appeal from the United States District Court for the …
Brief • March 1, 2010
Allison v. GEO Group, PA, Settlement Agreement, strip search, 2010 Case 2:08-cv-00467-JD Document 60-3 Filed 03/01/10 Page 1 of 22 EXHIBITS TO MEMORANDUM OF LAW 1. Settlement Agreement, with following attached Exhibits: A. Proposed Claim Form B. Proposed Class Notice: Summary Notice (for mailing and posting), Longer Mailed Notice C. …
Mattan v. Obama, DC, Reply to Motion for Recusal, Guantanamo Bay, 2010 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA MOHAMMED ABDULLAH TAHA MATTAN (ABDAL RAZAK ALI) Petitioners, No: 09- 745 (RCL) vs. BARACK OBAMA, et al, Respondents. PETITIONER ABDAL RAZAK ALI’S REPLY TO MOTION FOR RECUSAL Now comes the Petitioner, …
Brief • February 22, 2010
Filed under: Appeals, Expert Witnesses
Caballero v. Hospital Espanol Auxilio Mutuo de Puerto Rico, Appeal from Magistrate's Order (2010) Case 3:07-cv-01665-ADC-JA Document 71 Filed 02/22/2010 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO RITA CABALLERO; GRISELLE MIRANDA CABALLERO Plaintiffs CIVIL NO. 07-1665 (ADC) v. HOSPITAL ESPANOL AUXILIO MUTUO DE PUERTO RICO, …
Arkansas Prisoner Awarded $625 for Refusing to Clean His Cell on the Sabbath by On April 13, 2009, U.S. District Court Judge Harry F. Barnes adopted a magistrate’s report and recommendation that found an Arkansas prisoner should be awarded $625 after being punished for refusing to work on the Sabbath. …
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter by David M. Reutter Despite federal oversight of its prison medical care, Delaware “continues to have a great deal more to achieve before it comes into substantial compliance with all provisions of the MOA” (Memorandum …
Washington State Makes Work Release Available to Disabled Prisoners; Monetary Payments to Class Members by The Washington Department of Corrections (WDOC) agreed to a settlement in a class action lawsuit alleging violation of the Americans with Disabilities Act (ADA) that results in not only a policy change but monetary payments …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
Prison Supervisors Can be Liable for Guard’s Sexual Abuse by David Reutter by David M. Reutter In denying a motion to dismiss, the U.S. District Court for Massachusetts held on July 1, 2009 that prison supervisors could be held liable for the sexual abuse of a prisoner because they failed …
Article • February 15, 2010 • from PLN February, 2010
$50,000 Awarded to Florida Prisoner in Excessive Force Case by A federal jury has awarded $50,000 to a prisoner who was subjected to excessive use of force while in handcuffs at Florida’s Everglades Correctional Institution (ECI). When housed at ECI on July 1, 2006, prisoner Michael Curry was called to …
Article • February 15, 2010 • from PLN February, 2010
Remedial Sanctions Denied in Wisconsin Class-Action Jail Suit by Jimmy Franks In July 2009, the Supreme Court of Wisconsin entered an opinion reversing an appellate court’s decision that instructed a lower court to order remedial damages in a class-action lawsuit filed on behalf of Milwaukee County jail prisoners. The suit …
Article • February 15, 2010 • from PLN February, 2010
Failure to Raise Issue in Rule 50 Motion Prohibits Argument on Appeal; $214,000 Verdict Upheld by The Sixth Circuit Court of Appeals has affirmed a jury’s verdict that found a municipality liable despite there being no finding of liability on the part of the individual defendants. The facts in this …
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