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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 …
Article • February 15, 2010 • from PLN February, 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 …
Article • February 15, 2010 • from PLN February, 2010
PLN Prevails in Connecticut FOI Case; City Appeals by Alex Friedmann On September 22, 2008, PLN requested public documents from the City of Hartford, Connecticut related to a lawsuit involving a prisoner who committed suicide; the suit had resulted in a $403,164 judgment against the City. [See: PLN, Feb. 2009, …
Settlement in Idaho Jail Condition Class-Action Suit by Matthew Clarke by Matt Clarke On August 4, 2009, a consent decree was entered in a class-action lawsuit brought on behalf of jail prisoners with the help of the American Civil Liberties Union (ACLU) over conditions of confinement at the Canyon County …
$2.1 Million Award in Excessive Force Death of California Prisoner by In April, 2009, a federal jury awarded $2.1 million in a lawsuit filed against guards at California’s Richard J. Donovan Correctional Facility for their negligence and excessive use of force that caused a prisoner’s death. The prisoner, John Fitzgerald …
Settlement Promises Improvements at Baltimore City Jail by Matthew Clarke by Matt Clarke On August 18, 2009, a settlement was reached in a class-action lawsuit over conditions of confinement at the Baltimore City Detention Center (BCDC). The lawsuit dates back to 1971 and had been on the federal district court’s …
Tenth Circuit: Dismissal of Prison Newsletter Censorship Case Reversed in Part by On July 16, 2009, the Tenth Circuit Court of Appeals reversed in part a district court’s dismissal of a lawsuit involving the nondelivery of newsletters sent in bulk to a Wyoming state prison. Derrick R. Parkhurst, a Wyoming …
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