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Records Disclosure Ordered In Deputies' Misconduct And Remanded To Determine Attorney's Fees by Ray Burton, III, and East Coast Newspapers, Inc. (Burton), sought injunctive relief and declaratory judgment to obtain documents regarding a 2000 complaint, and the response to the complaint, against South Carolina's York County Sheriff's (YCS) deputies. The …
Article • December 15, 2007
Adherence To Administrative Procedure And Prepayment Required When Requesting Records' Production by Alabama State pro se prisoner Robert Gill petitioned for the review of a 2000 appellate order denying him production of materials concerning his conviction. Denial was affirmed for failure to follow administrative procedure. Gill requested grand jury information …
Article • December 15, 2007
Claims Previously Litigated, Not Directly Appealed, Raised At Trial Barred For Habeas by Georgia State prisoner Jimmy Meders sought review of a 1992 habeas court's partial denial of claims for relief from his 1987 death sentence. Warden Schofield appealed the same court's grant to Meders for ineffective assistance of counsel …
Article • December 15, 2007
Using Jail Phones After Verbal and Posted Warnings of Recording Implies Consent by California detainee David Windham appealed a decision holding that recordings of jail-placed phone conversations were lawful and could be used for conviction purposes. Windham asked his girlfriend for money while shopping. She refused and he followed her …
Article • December 15, 2007
Filed under: Searches, Drug Testing
Disciplinary Action Review for Failure to Produce Urine Sample Barred As Untimely by New York State prisoner Joseph Brammer petitioned for review of a 1995 Upstate Correctional Facility (UCF) disciplinary action resulting from his failure to produce a urine sample. The judgment was affirmed for his failure to timely file …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
Article • December 15, 2007
Lawfully Mandated Disclosure, Contract Stipulation Precludes Breech For Settlement Agreement Production by Texas former student of El Paso County Community College District (District) Constance Thomas, as well as the District, appealed a 2000 court ruling in a dispute awarding breech of contract to Thomas. The judgment was reversed because the …
Article • December 15, 2007
Kentucky Prisoners Requesting Account Statement Must Pay Required Fee by Pro se Kentucky State prisoner Michael Friend appealed a court's dismissal of his action to compel the Kentucky State Reformatory Warden to provide him with a copy of his account ledger at no charge. The court affirmed dismissal because payment …
Article • December 15, 2007
South Carolina Law Enforcement Reports Ordered Disclosed To Media by Newberry Publishing Company, Inc. (Publisher), appealed a court ruling denying an investigative report's production. The South Carolina Law Enforcement Division claimed that it was exempt as investigative material. The court reversed the order for nondisclosure with few exceptions. The Publisher …
Female Ohio Guards Awarded $475,000 For Gender Discrimination Regarding Assignment, Promotion by Seven female Ohio guards brought federal suit against the Trumbull County Sheriff's Department (Department) for emotional distress due to unfavorable assignments and lack of promotion. The court awarded them collectively $475,000. The guards claimed sex discrimination because their …
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 …
Article • December 15, 2007
Los Angeles Deputy Sheriff's Attempted Sexual Assault Settles For $55,000 by The Law Enforcement Services Division (LESD) of Los Angeles County, California, authorized a settlement in a claim of attempted sexual assault against Dominique Daniel by an on duty deputy sheriff. The settlement saved them over $400,000 in litigation and …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
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
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Article • December 15, 2007 • from PLN December, 2007
Texas Wrongful Death Jail Lawsuit Settles For $375,000 by In June 2006, Navarro County, Texas, agreed to pay $375,000 to the family of a juvenile prisoner who received no medical attention following his imprisonment in the county jail and died the following day. Jesus Martinez, a minor, was arrested on …
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