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Article • December 15, 2007
Filing of Lawsuits Generally Protected Under First Amendment by At 1080 n. 4: "... [T]he First Amendment generally immunizes the act of filing a lawsuit from tort liability under the Noerr-Pennington doctrine. ... Only 'sham' lawsuits fall outside the Noerr-Pennington cloak of immunity. ... A lawsuit is a 'sham' if …
Article • December 15, 2007
Harassment By Prisoners Cannot Create a Hostile Work Environment by Evidence that the plaintiff ex-prison employee "cried a lot" and the inmates and co-workers "got on her nerves" do not establish that she has a disability; she may have been depressed or anxious but submitted no medical evidence or evidence …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
OK Prisoners' Argument, Raised for First Time on Appeal, Not Considered by On November 15, 2001, Leticia Smedley was arrested by police in Tulsa, Oklahoma on suspicion of being intoxicated. She was jailed at the David L. Moss Criminal Justice Center, a facility operated by Corrections Corporation of America (CCA). …
Article • December 15, 2007
$250,000 Settlement Received in Police Beating by After mediation with a federal magistrate, a Boston man agreed to drop his excessive force suit against Worcester City, Massachusetts in exchange for $250,000. Charles Evangelista sued the city and six police officers after suffering a ruptured bladder while being beaten on March …
Article • December 15, 2007
$500,000 Paid in Miami Prisoner’s Beating by $500,000 Paid in Miami Prisoner's Beating While detained at Florida?s Dade County Jail, guards beat the 40-year-old detainee in this case in May, 1994. He not a torn rotator cuff a fractured cervical vertebra, and broken ribs. Despite the guard's protestation that they …
Article • December 15, 2007
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process by Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed his sex-offender treatment rating to one not eligible for transfer to a release center. He …
Article • December 15, 2007
$35,000 Settlement in Maine Jail Strip-Search Case by After he was arrested on a misdemeanor charge, Geoffrey V.V. Wood was strip-searched at Maine's Hancock County Jail. Wood filed suit, alleging the strip search procedures were illegal and unconstitutional. He settled his lawsuit in May 2004 for $35,000. See: Wood v. …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
DC Circuit Awards Fees in CIA FOIA Suit by The Court of Appeals for the District of Columbia has held that the appellee in this case was a prevailing party in a lawsuit to enforce his request under the Freedom of Information Act (FOIA), and remanded to determine if he …
Article • December 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Article • December 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders convinced a trial court to assess him to be a risk level …
Article • December 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the hearing officer produced a form with the box waiving assistance by an "employee assistant" checked. …
Article • December 15, 2007
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category by Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender based on risk assessment points accumulated as a result of factors relevant to his crime and …
Article • December 15, 2007
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York and Vermont, for which he was released from prison in Vermont in 1996. …
Article • December 15, 2007
Ingrown Nail Leads to Leg Amputation and $400,000 Georgia Jury Verdict by A Georgia prisoner was awarded $400,000 for inadequate medical care causing amputation of his left leg, below the knee. Mr. Booth, a 45-year-old Georgia prisoner with a long history of vascular disease, was treated by a prison doctor …
Article • December 15, 2007
Filed under: Medical, Blood
Inadequate Anemia Treatment Nets California Jail Prisoner $65,000 Settlement by A California man was paid $65,000 to settle a suit related to a jail's failure to properly diagnose and treat his anemia and emotional distress. Mr. Elias was a prisoner of an Orange County, California, jail who suffered anemia and …
Article • December 15, 2007
Female Montana Prisoner Attacked by Male Prisoner Paid $30,000 by A female Montana prisoner who was attacked by a male prisoner during a prison altercation was paid $30,000. Ms. Perez, a female Montana prisoner, was attacked by a male prisoner during a prison altercation. She suffered facial contusions and emotional …
Article • December 15, 2007
False Arrest and Broken Jaw Results in $300,000 Michigan Jury Verdict by A Michigan man who sustained a broken jaw and related injuries during a false arrest was awarded $300,000. Mr. Sharp was falsely arrested and detained for two weeks in a Detroit, Michigan jail. While confined and under guard …
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