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Article • February 15, 2008 • from PLN February, 2008
New York Prisoner Awarded $4,250 for Knee Injury While Shackled by On March 19, 2007, a court of claims in Rochester, New York, award $4,250 to a state prisoner who fell and injured his knee while walking to a transport van in leg shackles. State prisoner Earl Martin, 54, fell …
Article • February 15, 2008 • from PLN February, 2008
$90,000 Awarded to New York Prisoner for Delay of Surgery by A New York Court of Claims has awarded a prisoner $90,000 in a medical malpractice claim stemming from prison personnel delaying surgery, causing lasting injury and pain. The claim was brought by Sing Sing Correctional Facility prisoner Jonathan D. …
Article • February 15, 2008 • from PLN February, 2008
Nevada Jail Strip Searches Before Release on Own Recognizance Unconstitutional by A Nevada federal district court has held that the Washoe County Sheriff Department?s (WCSD) policy of strip-searching all arrestees who self-surrender and are then released on their own recognizance (OR) is unconstitutional. Before the Court was a summary judgment …
Alabama Judge Resigns Amid Prisoner Spanking Allegations and Judicial Improprieties by In the face of a looming ethics trial and allegations that he spanked male prisoners, Alabama's Mobile County Circuit Judge Herman Thomas has resigned. Thomas had been on paid suspension since March 2007 while he awaited an October 29 …
Article • February 15, 2008 • from PLN February, 2008
Lawsuit Exposes Jail Limbo for Mentally Incompetent Defendants in Texas by Matthew Clarke by Matt Clarke According to a lawsuit filed by a non-profit group, Texas is facing a shortage of mental hospital beds that leaves hundreds of mentally-incompetent criminal defendants stranded in jails awaiting treatment. Texas has a total …
BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit by In June 2007, the Federal Bureau of Prisons (BOP) began removing thousands of religious books from its prison chapels. The purge of religious literature, which occurred nationwide, was part of a long-delayed post-September 11 directive intended to prevent radical Islamic …
Missouri Ordered to Pay Prisoner's $250,000 Judgment Plus Fees and Costs for Sexual Assaults by Work Supervisor by John Dannenberg by John E. Dannenberg On June 29, 2007, the Missouri Court of Appeals ruled that the state must pay a $250,000 judgment awarded in federal district court to a prisoner …
Article • February 15, 2008 • from PLN February, 2008
BOP Must Provide Prisoner's FOIA Request in Electronic Format by The Court of Appeals for the District of Columbia has held that the Bureau of Prisons (BOP) must provide a prisoner with information requested under the Freedom of Information Act (FOIA) in the format requested by the prisoner, which includes …
Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a …
Transsexuals Treated Poorly in New York Prisons by David Reutter by David M. Reutter The Sylvia Rivera Law Project (SRLP) has issued a report on the treatment of transgender and intersex people in New York state men?s prisons. That report finds that lesbian, gay, bisexual and transgender (LGBT) prisoners experience …
Brief • February 14, 2008
Payne v. Parnell, TX, Settlement Agreement, Cattle Prod Torture, 2008 Case No. bale_ Plaintiffs —CV i•12 ctL In the Di ;L(- Court of , Texas iccrytel Defendants SETTLEMENT AGREEMENT 1. The parties hereto agree to settle all claims and controversies between them, asserted or assertable in this case. 2. The …
Sykes v. Anderson, MI, Consolidated Trial Brief, Fabrication of Evidence, 2008 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff v Case No. 05-71199 Judge Nancy G. Edmunds Magistrate Judge R. Steven Whalen DERRICK ANDERSON, CAROL NICHOLS, and MAURICE McCLURE, jointly and severally and in their …
Brief • February 1, 2008
USA v. Burge, IL, Indictment, Police Torture, 2008 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA ) ) ) ) ) v. JON BURGE Violations: Title 18, United States Code, Sections 1512(c)(2) and 1621(1) COUNT ONE The SPECIAL FEBRUARY 2008-2 GRAND JURY charges: 1. …
Brief • January 31, 2008
Killmon v. City of Miami, FL, Mot for Final Part SJ, FTAA Protests 2008 Case 1:04-cv-20707-CMA Document 532 Entered on FLSD Docket 01/31/2008 Page 1 of 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 04-CV-20707 - ALTONAGA/Turnoff KILLMON, et al., Plaintiffs, vs. CITY OF MIAMI, et al., …
Brief • January 18, 2008
Centinela v. Bacardi & Co, DDC, Order, Interrogation, 2008 Case 1:04-cv-02201-RCL Document 66 Filed 01/18/08 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) TEQUILA CENTINELA, S.A. de C.V., ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. ) …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor California Lifer's Governor-Parole-Reversal Tossed by State Court by Marvin Mentor A decision by Governor Schwarzenegger to reverse the Board of Parole Hearing's (BPH) grant of parole to an infirm, 82-year-old lifer was itself reversed by the California Court of Appeal. …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
Article • January 15, 2008
Washington Strip Search Statute Narrowly Construed; Inapplicable to Arrestees Confined Pending Release by The Washington State Court of Appeals held that state law does not authorize the automatic strip search of arrestees in custody who are pending release on bail or personal recognizance. Abra Plemmons was charged in Pierce County, …
Article • January 15, 2008
Settlement Involving Public Funds Discloseable Absent Contractual Confidentiality or Statutorily Protected Provisions by An anonymous Pennsylvania husband (plaintiff) filed a motion to seal his petition for settlement approval resulting from a malpractice suit following his wife's death. The court denied his motion because the information was made public upon the …
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