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New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke by Matt Clarke Two years ago New York enacted the Sex Offender Management and Treatment Act, which lets a jury release a civilly-committed sex offender from confinement if the state fails to provide sufficient evidence of a …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Article • January 15, 2010 • from PLN January, 2010
PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors by Alex Friedmann On November 4, 2009, Prison Legal News filed suit in U.S. District Court for the Southern District of Texas against Brad Livingston, Executive Director of the Texas Dept. of Criminal Justice (TDCJ), …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House by Matthew Clarke by Matt Clarke On June 19, 2009, the Texas Supreme Court held that a city zoning ordinance which effectively banned a religious halfway house in the City of Sinton violated the Texas Religious Freedom Restoration Act …
$2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving by A $2.4 million settlement has been reached in a lawsuit involving three children being killed in an automobile accident caused by a California jail guard on the way to work. As Tulare County guard Joseph D. Armstrong …
$1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner by David Reutter A New Hampshire jury awarded two former prison guards nearly $2 million upon finding that two of their co-workers had lied about a confrontation with a prisoner, which resulted in their firing. After guards Shawn …
District Court May Order Martinez Report, Ninth Circuit Holds by A federal district court has the discretion to order the preparation of a Martinez report, the U.S. Court of Appeals for the Ninth Circuit decide. Robert Tuzon, an Arizona prisoner, sued various state prison officials alleging that (1) staff had …
Article • January 15, 2010 • from PLN January, 2010
Second Circuit Establishes Anonymous Pleading Standards by by Mark Wilson In a case of first impression, the Second Circuit Court of Appeals established standards governing the use of pseudonyms in civil litigation. The Court endorsed the Ninth Circuit’s test of balancing a plaintiff’s interest in anonymity against the public’s interest …
Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals reversed in part a district court’s dismissal of a prisoner’s failure-to-protect suit, though the case lost at trial after remand. Ernesto R. Hinojosa, Sr., a Texas state prisoner, was housed in …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Indeterminate Civil Commitment Provisions Do Not Apply Retroactively by The Court of Appeal of California, Sixth Appellate District, has reversed and remanded with instructions to dismiss a Sexually Violent Predator (SVP) certification. Joseph Johnson, Jr., was convicted of rape and sentenced to 33 years in prison in 1980. In 2000, …
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Judge Rejects Privacy Suit By Former Prison Employee by Chief U.S. District Judge Tena Campbell has dismissed a lawsuit brought by a former employee of the Utah Department of Corrections who had alleged that her privacy rights were violated. The lawsuit, filed by Lauren Barker, alleged that Kirk Dahl, a …
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care by Los Angeles County has agreed to pay $900,000 to a prisoner who lost his foot after staff at the Los Angeles County Sheriff’s Department (LASD) in California delayed processing a culture test that later …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge by On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed. Shortly after Christopher Shahnazari was shot in Glendale, California on November …
Article • January 15, 2010 • from PLN January, 2010
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke by Matt Clarke A Pennsylvania federal court has ordered medical personnel to answer deposition questions in a case involving the deaths of two prisoners due to MRSA at the Allegheny County jail. The court also appointed a special …
Article • January 15, 2010 • from PLN January, 2010
Georgia Prisoners Must Use Court Promulgated Form to Initiate a Court Action by The Georgia Supreme Court has held that a trial court should have dismissed a mandamus petition filed by a prisoner against prison officials because the prisoner failed to use a form promulgated by the Administrative Office of …
Article • January 15, 2010
Late Amendment of Pleading Properly Quashed by A California Court of Appeals has upheld a trial court’s decision to quash an amended complaint naming several “Doe” defendants. The action, filed by A.N., alleged that A.N. was harmed while at juvenile hall in Los Angeles County. A.N. sought damages for negligence …
Article • January 15, 2010
Mother of Murdered Son not “Victim” Within Meaning of Crime Victims Rights Act by The U.S. Court of Appeals for the Second Circuit has rejected a petition for mandamus filed by the mother of an individual murdered by Columbian paramilitaries. The mother had sought restitution under the Crime Victims Rights …
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