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Why False Imprisonment Recoveries Should Not Be Taxable by Robert Wood by Robert W. Wood1 Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Article • September 15, 2009 • from PLN September, 2009
$2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit by A class action lawsuit alleging illegal strip searches occurred regularly at Pennsylvania’s Dauphin County Prison (DCP) has been settled for $2.16 million. The class claimed they were arrested on minor charges and strip searched without any particularized suspicion that …
Article • September 15, 2009 • from PLN September, 2009
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
Article • September 15, 2009 • from PLN September, 2009
New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24, which prevents prisoners from bringing 42 U.S.C. § 1983 actions for damages against prison …
Article • September 15, 2009 • from PLN September, 2009
Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard by Brandon Sample In what one judge described as a “legal travesty,” on March 13, 2009, the U.S. Court of Appeals for the Sixth Circuit overturned a jury verdict in favor of a prisoner who had been sexually …
Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel by by Bill Habern On March 11, 2009, the Texas Court of Appeals in Amarillo issued an opinion in a case involving Gilbert Alexander Perez, an indigent defendant. Perez raised two issues on appeal. First was …
$1,000 Jury Award to Beaten Missouri Prisoner by A Missouri federal jury awarded a prisoner $1,000 on a state law battery claim. The award came after trial on several claims brought by Eugene Kenneth Jones-El for damages he incurred while imprisoned at Missouri’s Eastern Reception Diagnostic and Correctional Center (ERDCC). …
Article • September 15, 2009
$3,500 Settlement in Failure to Disclose Public Records by Washington State’s King County paid $3,470.70 to settle a lawsuit claiming a violation of Washington’s Public Disclosure Act. The suit was filed on behalf of Dionne Credit, who sought copies of the internal investigation of the April 4, 2004 assault of …
Article • September 15, 2009
$3,600 Settlement in Public Records Violation Claim by Kitsap County by Washington State’s Kitsap County paid $3,600 to settle the claim of Shawn Orndorff, who claimed that between January 12, 2004 and May 4, 2005, the Kitsap County Prosecutor’s Office failed to provide public records he had requested. On October …
Prisoner Not Allowed to Sue One DOC in Another State by The Seventh Circuit Court of Appeals in Illinois held that New Mexico Department of Corrections (NMDOC) officials cannot be sued in Illinois due to lack of personal jurisdiction. Jimmy Kinslow, an NMDOC prisoner, was transferred in 1995 to the …
Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Article • September 15, 2009
California Prisoner Rights Cases Projected To Cost State $8 Billion Over Five Years by Eight judgments in class-action prisoners' rights actions during the last dozen years are projected to add $8 billion in costs to the California Department of Corrections and Rehabilitation (CDCR) budget over the next five years. It …
Article • September 15, 2009
Collateral Estoppel Denied Washington DOC in Wrongful Termination Suit by Ms. Carol Carver worked for the Washington DOC from 1995 to 2005, first as a prison guard and later as an office assistant. Due to deteriorating job performance, the prison Superintendent referred Carver for a psychological evaluation in December 2004, …
Article • September 15, 2009
Washington School District Allowed to Block Public Records Act Request by The Supreme Court of Washington has held that agencies are allowed to seek a judicial determination as to whether a requested public record must be disclosed. The court also held that the attorney-client privilege applies to certain documents under …
Arizona DOC May Be Held Accountable for Not Protecting Prisoners from Asbestos by A federal magistrate judge in Arizona has recommended denying a motion for summary judgment filed by the State of Arizona in a lawsuit brought by a group of current and former prisoners. The suit was filed after …
Former New Jersey Prison Social Worker’s Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower court’s dismissal of a lawsuit filed by a former prison health care worker. Angela Hoag was a licensed social worker employed by Correctional Medical Services, Inc. and worked at Southern State …
Article • September 15, 2009
Statute of Limitations Applicable in Method of Execution Actions by On November 24, 2008, the Fifth Circuit U.S. Court of Appeals affirmed a district court's grant of summary judgment to the defendants in a § 1983 action brought by Mississippi death-row prisoners Alan Walker, Paul Woodward and Gerald Holland (Plaintiffs). …
Article • September 15, 2009
Summary Judgment Denied Illinois Lawmen for Assaulting Prisoner During Booking by In August 2007, Tony Swift was arrested by Wiliamson County, Illinois Sheriff's Deputies Kyle Rinella and Jeff Hutchinson (Defendants) on charges of disorderly conduct. Soon thereafter, Plaintiff Swift's attorney, Hugh R. Williams of Carbondale, Illinois, filed suit pursuant to …
Article • September 15, 2009
Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction by Supreme Court Holds False-Arrest § 1983 Suit Must Be Timely Filed Following Arrest, Not Subsequent Wrongful Conviction The U.S. Supreme Court held that a state prisoner suing for wrongful arrest must file …
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