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Motion To Amend Untimely In Washington DC Civil Case by A U.S. district court in Washington, D.C. held the Plaintiffs in a civil case against U.S. Marshals may not amend the complaint to insert named Marshals in their individual capacities. On September 27, 2002, Paul Bame, Gregory Keltner and Ivan …
Article • February 15, 2009 • from PLN February, 2009
Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury by Fifth Circuit: § 1983 Nominal and Punitive Damages Allowed Absent Physical Injury For the first time in a published opinion, the Fifth Circuit U.S. Court of Appeals has held that a prisoner pursuing a civil rights action …
Article • February 15, 2009 • from PLN February, 2009
$4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit by $4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit New Jersey’s Cumberland County has agreed to pay $4.5 million to settle a class action strip search lawsuit. This is another huge settlement in Fourth Amendment claims of this …
Neal et al v. Michigan DOC, MI, Opinion, sexually hostile prison guard sexual misconduct, 2009 STATE OF MICHIGAN COURT OF APPEALS TRACY NEAL and All Others Similarly Situated, UNPUBLISHED January 27, 2009 Plaintiffs-Appellees, v DEPARTMENT OF CORRECTIONS, KENNETH MCGINNIS, JOAN YUKINS, SALLY LANGLEY, CAROL HOWES, ROBERT SALIS, CORNELL HOWARD, MARTIN …
Article • January 15, 2009 • from PLN January, 2009
$5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail by $5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail An estimated 11,000 Doña Ana County Detention Center detainees who were illegally strip searched between March 7, 2003 and March 7, 2006 have settled their …
California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
$13.5 Million Florida Jail Strip Search Settlement by Florida’s Broward County Sheriff’s Office has agreed to pay $13.5 million to settle a lawsuit claiming it illegally strip searched prisoners charged with minor offenses. The settlement ends a class action filed in state court in 2002. Under the settlement, each class …
Neal et al v. Michigan DOC, MI, Jury Verdict, sexually hostile prison guard sexual misconduct, 2008 NEAL, et a/., vs. MICHIGAN DEPARTMENT OF CORRECTIONS, et al., Case No. 96-6986-CZ JURY VERDICT FORM· VIVIAN AROUSELL 1. Was plaintiff subject to unwelcome sexual conduct or communication? j Yes No If your answer …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Article • August 15, 2008
Maine Jail Not Liable for Strip Search Policy by The plaintiff was arrested for an unpaid traffic fine, which in fact had been paid, and was strip-searched on admission to the jail. Nobody could be held liable for this, since there was no evidence of a municipal custom. Though the …
Article • August 15, 2008
Unlawful Maryland Strip Search Suit Settles for $285,000 by Kent County, Maryland high school students Heather Gore and Jessica Bedell received a total of $285,000 and apologies in a settlement for nefarious strip searches conducted in 2004. The Kent County Sheriff’s Dept. brought drug sniffing canines into the school in …
Article • August 15, 2008
Damages Awarded to Two New Mexico Jr. High Students After Excessive Strip Search by New Mexico Jr. High students Crystal Kennedy and Randy Ford challenged the appellate reversal of damages they were awarded in a 42 U.S.C. § 1983 suit against Dexter Consolidated Schools (DCS) and individual school officials. The …
Article • August 15, 2008
Florida Judge Removed from Bench by On December 7, 2006, the Florida Supreme Court removed Seminole County Judge John R. Sloop from the bench for violations of the Code of Judicial Conduct. This was the third time that Judge Sloop had come to the attention of the Judicial Qualifications Committee …
Article • August 15, 2008
Florida Judge Removed from Bench by On December 7, 2006, the Florida Supreme Court removed Seminole County Judge John R. Sloop from the bench for violations of the Code of Judicial Conduct. This was the third time that Judge Sloop had come to the attention of the Judicial Qualifications Committee …
Class Certified in Conditions Suit at SD Juvenile Prison by Plaintiffs challenged conditions in a juvenile training school, including the use of mechanical restraints, strip searches by opposite sex guards, excessive force, arbitrary lockdown or isolation, lack of disciplinary due process, etc. The court certifies a class of a present …
Article • August 15, 2008
Filed under: Searches, Strip Searches
Indiana Public Strip Search Held Unconstitutional by Indiana state resident James Campbell appealed a jury's dismissal of his 42 U.S.C. § 1983 action for Fourth Amendment violations after being strip searched in public. The court partially affirmed, but remanded for damages against the cop who had searched him. A police …
Article • August 15, 2008
TDCJ Policy for Female Guards Strip Searching Male Prisoners Judicially Monitored by Texas federal prisoner Albert Aranda and approximately 100 other prisoners filed suit against the Texas Department of Criminal Justice (TDCJ) in 1989. They alleged constitutional violations for male prisoners being strip searched by female guards. The court ordered …
Article • July 15, 2008
PLRA Bars Damages for Jail Strip Search Suit by A New Mexico federal district court applied the injury requirement of the Prison Litigation Reform Act to hold that two female pretrial detainees cannot recover damages for a Fourth Amendment claim of unreasonable strip searches. The matter proceeded to a jury …
Article • June 15, 2008 • from PLN June, 2008
$25.5 Million Awarded in California County Jail Strip Search Suit by John Dannenberg by John E. Dannenberg The County of San Bernardino, California has agreed to settle a federal class action lawsuit filed against its Sheriff’s Department in 2005 for $25.5 million – one of the largest such payouts on …
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