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DC Prisoner's False Imprisonment Claims Survive Summary Judgment

Article • May 15, 2012

Filed under: Escapes, Sentencing, Wrongful Imprisonment, Federal Tort Claims Act, Qualified Immunity

DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …

Death Caused by Speeding Arizona Cop Nets $1.35 Million

Article • May 15, 2012

Filed under: Misconduct/Corruption, Police Misconduct, Accidents, Police--Excessive Force, Police Chases

Death Caused by Speeding Arizona Cop Nets $1.35 Million by Tempe, Arizona officials paid $1.35 million to settle a suit brought by the parents of a college student who was killed in a collision with a police officer. At 2 a.m. on November 26, 2005, Tempe police officer William Cullins …

Doctors Who Participate in Executions Not Disciplined for Ethical Violations

Article • May 15, 2012

Filed under: Death Penalty/Death Row, Death Penalty

Doctors Who Participate in Executions Not Disciplined for Ethical Violations by Matthew Clarke By Matt Clarke Since 1980, American Medical Association (AMA) policy has stated that it is a clear violation of medical ethics for physicians to participate in executions. The policy, which was last updated in 2005, contains a …

New York District Court Rules Jail Prisoners Entitled to Newspaper Access

Article • May 15, 2012

Filed under: Mail, Publications/Books, Mail Regulations, Censorship

New York District Court Rules Jail Prisoners Entitled to Newspaper Access by Relying on extensive case law, the U.S. District Court, Eastern District of New York, held that Suffolk County Jail offered no reasonable basis for total restriction on prisoner’s access to newspapers. Petitioner also alleged denial of effective medical …

9th Circuit Grants Public Access to Search Warrant Records

Article • May 15, 2012

Filed under: Searches, Police Searches, Disclosure of Records, Freedom of Information Act

9th Circuit Grants Public Access to Search Warrant Records by The U.S. Court of Appeals for the Ninth Circuit has overturned a District of Montana decision and granted unlimited access to search warrant records of a City of Garryowen business owner, whom the federal government investigated but declined to prosecute. …

9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank

Article • May 15, 2012

Filed under: Confrontation, Crime/Demographics, Criminal Prosecution, Failure to Protect (General), Expert Witnesses

9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank by Derek Gilna By Derek Gilna The U.S. Appeals Court for the 9th Circuit has declined to permit prisoner Lenny Urena from asserting "self-defense" in his trial for assault with a dangerous weapon against a fellow prisoner. The Court also …

$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect

Article • May 15, 2012

Filed under: Civil Procedure, State Law Claims, Disclosure of Records, Freedom of Information Act, State Legislation

$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …

Alabama Condemned Prisoner Commits Suicide with Unknown Object

Article • May 15, 2012

Filed under: Death Row, Mental Health, Suicides

Alabama Condemned Prisoner Commits Suicide with Unknown Object by An Alabama prisoner on death row killed himself with an unknown object. In 2005, Jason Jones, 29, was convicted of the 2004 beating and stabbing deaths of his parents, Nancy and Dr. Tim Jones, in their Monroeville, Alabama residence. "I am …

Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department

Article • May 15, 2012

Filed under: Police Misconduct, Disciplinary Hearings, Malicious Prosecution, Disclosure of Records, Discovery, Wrongful Conviction, Wrongful Imprisonment, Qualified Immunity, Municipal Liability, Failure to Train/Supervise

Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …

Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript

Article • May 15, 2012

Filed under: Photocopies, Civil Procedure, Disclosure of Records, Appeals, Filing Fees

Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript by In a per curiam opinion, the Supreme Court of Arkansas denied a petitioner’s pro se motion for use of transcript of the appeal of his 1992 conviction for rape and subsequent life sentence. The court treated petitioner’s motion …

Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit

Article • May 15, 2012

Filed under: Prosecutor/Attorney General Misconduct, Privacy Act, Media

Army Scientist Paid $5.8 Million to Settle Anthrax Accusations Defamation Suit by In 2002, then-Attorney General John Ashcroft called Army scientist Steven Hatfill a "person of interest" in a deadly 2001 anthrax mailing case. Six years later, the United States Department of Justice (DOJ) paid Hatfill $5.8 million to settle …

Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment

Article • May 15, 2012

Filed under: Self Incrimination, Searches, Arrestee Searches, Police Searches, Criminal Prosecution

Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment by The California Court of Appeals held that an arrestee who lies to jail booking officers about possessing a weapon violates a law prohibiting introduction of a weapon into a jail. The court also …

BOP's Motion to Dismiss Religious Discrimination Case Denied

Article • May 15, 2012

Filed under: Religious Freedom Restoration Act, Contractor Liability, Religious Freedom, Religious Diet

BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …

BOP Settles Medical Neglect Death Suit

Article • May 15, 2012

Filed under: Medical, Cardiovascular, Respiratory, Medical Neglect/Malpractice

BOP Settles Medical Neglect Death Suit by On August 15, 2008, the wife of a deceased federal prisoner settled claims against the Federal Bureau of Prisons (BOP) related to his death. Terms of the settlement are unknown. BOP prisoner Terrance Mallett repeatedly complained of a sore throat and nasal problems. …

Eighth Circuit Upholds Dismissal of Arkansas Jail Prisoner’s Excessive Force Claim

Article • May 15, 2012

Filed under: Excessive Force, Guard Brutality/Beatings

Eighth Circuit Upholds Dismissal of Arkansas Jail Prisoner’s Excessive Force Claim by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an Arkansas prisoner's excessive force claims. On May 22, 2007, prisoners in B-Pod of the Ouachita County Detention Center created a disturbance when they were mistakenly …

Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules

Article • May 15, 2012

Filed under: Attorney Fee Awards, Settlements, Publications/Books, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail, Media, Access to Media, Censorship

Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …

Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter

Article • May 15, 2012

Filed under: Publications/Books, Mail Regulations, Media, Censorship

Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter by The publisher of the newsletter for a Louisiana organization advocating for prisoners and a Louisiana state prisoner filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after Louisiana prison system officials refused to distribute a mass mailing of …

Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward

Article • May 15, 2012

Filed under: Sexual Assault, Staff-Prisoner Assault, Administrative Exhaustion (PLRA), Supervisory Liability, Failure to Train/Supervise

Florida Court Permits Female Prisoner's Lawsuit for Forced Sex with Guard to Go Forward by Derek Gilna By Derek Gilna A Florida District Court has permitted parts of a lawsuit by a female prisoner for being forced into sex by a male prison guard to go forward, finding that questions …

Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss

Article • May 15, 2012

Filed under: Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act, Sovereign Immunity

Former Connecticut Prisoner's ADA and RA Complaint Survives Motion to Dismiss by Derek Gilna By Derek Gilna Former Connecticut state prisoner Richard Rogues' Section 1983 lawsuit for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) has survived a motion to dismiss filed by defendants, including …

Former Pennsylvania Guards Settle Retaliation Suits for $675,000

Article • May 15, 2012

Filed under: Retaliation for Media Contact, Retaliation against Staff, Guards/Staff, Employee Litigation

Former Pennsylvania Guards Settle Retaliation Suits for $675,000 by Two former Pennsylvania jail guards settled their retaliation claims for $675,000. Lieutenants John Barry and Genevieve Butczynski were employed by Pennsylvania's Luzerne County Prison. In October 2003 both guards made critical comments in a news story which detailed problems at the …