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Brief • December 20, 2007
Heston v. City of Salinas, CA, Order Def Mot SJ, police taser death cardiac arrest, 2007 Case 5:05-cv-03658-JW Document 122 Filed 12/20/2007 Page 1 of 25 1 2 3 4 5 6 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
Off Duty CA Jail Guard Acted Under Color of State Law by Saying He Was a Cop by On July 30, 2001, Thomas Anderson accidentally rear-ended Charles Warner's vehicle. Warner, a Mendocino County Jail Guard, went to Anderson's car and assaulted him. When a crowd gathered, Warner ordered people to …
Article • December 15, 2007 • from PLN December, 2007
FBI Investigates Arkansas Guard Violence by In June 2006, the FBI began a civil rights investigation into a prisoner's beating administered by guards at the Maximum Security Unit in Tucker, Arkansas. The investigation, surprisingly, was requested by prison officials. The officials were investigating an incident that occurred in the prison's …
Article • December 15, 2007
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland agreed to pay $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Bureau. On August 22, 2002, President Bush visited Portland, Oregon. As a Republican fundraiser was …
Article • December 15, 2007
$750,000 Settlement Reached In Virginia Police Abuse Case by A Virginia Commonwealth resident (Walker) was seriously injured by police during the use of excessive force. Police thought he was a rape suspect and shot him and then beat him with a nightstick. Walker brought suit which was settled prior to …
Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007
Eye Loss from Guard Assault Nets $162,500 For DC Prisoner by A District of Columbia (DC) prisoner who lost an eye when a guard beat him, was awarded $162,500. Mr. Quander, a 39-year-old black prisoner was beaten with a radio by a Hispanic prison guard. Quander's left eye was damaged …
Article • December 15, 2007
Tennessee Act Exempts Only Pending Investigative Materials From Public Disclosure by City of Memphis Police Department Director, John Holt, sought reversal of a Tennessee Court of Appeals affirmation of an order allowing closed investigative file access to the Memphis Publishing Company (media). The order was affirmed. A shootout ensued in …
Texas Attorney General Determines Documents' Exemption After Use of Force Against Prisoner by The Office of the Attorney General (AG) for the State of Texas opined the legal parameters regarding the release of investigative records and polygraph procedures used for testing employees of the Department of Criminal Justice (TDCJ). This …
Wrongful Death At Wallens Ridge State Prison Settled For $1,540,000 by In 2002, the state of Connecticut paid $1.1 million and in 2003 the state of Virginia paid $350,000 to the family of Connecticut state prisoner Larry Frazier who died a torturous death in a supermax prison. To ease Connecticut …
Article • December 15, 2007
State Secrets Privilege Protects U.S. in. Erroneous Rendition Suit by Matthew Clarke By Matthew T. Clarke 0n May 12, 2006, a federal district court in Virginia ruled that a German citizen who allegedly was mistaken for a terrorist, kidnapped, flown to a foreign country, isolated and tortured by CIA personnel …
Abuse of Discretion to Deny Leave to Amend by The Sixth Circuit Court of Appeals reversed a lower court's erroneous grant of summary judgment to police on claims that they unlawfully detained a man, then evicted him from his home. The Court also found that it was an abuse of …
IL Prisoner Beaten by Cops and Not Provided Medical Attention States 1983 and Negligence Claims by Faried El-Uri, a prisoner of the city of Chicago, Illinois was knocked down and kicked in the stomach by a detective during questioning so hard that his spleen was ruptured. He moved slowly and …
Article • December 15, 2007
Human Bargaining Chips by Joanne Mariner By JOANNE MARINER Tuesday, Jun. 26, 2007 In the new world that we've created under the label of the "war on terror" -- a world in which the U.S. government has adopted the investigative techniques of Pakistan, Egypt and Saudi Arabia -- hostage-taking is …
Juvenile Adjudication May Not Preclude Force Claim in Police Shooting by The plaintiff was convicted of reckless endangerment for an incident in which he was accused of driving a vehicle at a police officer, who shot him. He conceded that that determination would ordinarily preclude a finding of excessive force …
Article • December 15, 2007
Brutality Claims Must Be Exhausted by Excessive force claims are prison conditions claims for purposes of exhaustion; the statutory language is ambiguous but the statutory intent supports this conclusion, especially since force claims often come packaged with other kinds of claims that would have to be exhausted The court rejects …
$620,000 Settlement for Florida Jail Beating Death by While imprisoned in Florida's Palm Beach County Jail, a 35 year old Haitian laborer was beaten by guards. He sustained in June 1985, a broken neck and was left in his cell with no medical treatment. When he was finally taken to …
Article • December 15, 2007
Beating by Kentucky Jail Guards Results in $1,150,000 Jury Verdict by A federal jury awarded a Kentucky man $1,150,000 for a beating during arrest. Mr. Sosa, a Hispanic man suffering from AIDS, was arrested and charged with public intoxication. While confined in the jail, Sosa was kicked, handcuffed to a …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
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