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California Prison System Settles Prisoner's Excessive Force Suit for $1,000 by On May 14, 2007, Tyun Sockee Dodson, a California state prisoner, filed a pro se federal civil rights action under 42 U.S.0 § 1983 alleging he was severely beaten by guards at the Calipatria State Prison without provocation while …
Article • May 15, 2012
California Prisoner's Syringe Possession Conviction Upheld by The Fifth Appellate District of the California Court of Appeals affirmed a prisoner's conviction for possessing a syringe. On January 18, 2007, guards at the Shafter Community Correction Facility witnessed Vicente Perez and another prisoner acting suspiciously. They searched the prisoners and discovered …
Article • May 15, 2012
California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …
California Settles Prison Nurse's Employment Discrimination Suit for $15,000 by Jadesloa O. Atomre was a Registered Nurse working at Folsom Prison when the California Department of Corrections and Rehabilitation took adverse employment action against her. Atomre, a 51-year-old black female naturalized citizen from Nigeria, filed suit in state court alleging …
Article • May 15, 2012
Filed under: Medical, Kidney
California Settles Prisoner's Medical Care Denial Claim for $50,000 by Relaun V. Deadmon, a California state prisoner, filed a civil rights action in federal court alleging that prison officials violated his Eighth Amendment rights by refusing to provide him with a proper diet and medical care for his chronic kidney …
Article • May 15, 2012
California Settles Prisoner's Retaliation and Loss of Property Suit for $500 by California prison officials paid a prisoner $500 to settle his federal retaliation suit. On November 14, 2000, Henry Murray was transferred to the Pleasant Valley State Prison (PVSP) from another California facility. On December 5, 2000, he was …
Article • May 15, 2012
California Settles Prisoner's Excessive-Use-of-Force Suit for $5,000 by Michael D. Fulton, a former California state prisoner, filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after he allegedly was assaulted by Guard E. Jensen on December 1, 2004, while he was handcuffed and being transferred between housing …
Article • May 15, 2012
California Settles Prisoner's Improperly Confiscated Property Suit for $200 by Lorenzo Fosselman, Jr., a California state prisoner, filed a state civil action alleging that R. Morring, a guard at the Salinas Valley State Prison, confiscated 10 compact discs and 10 cassette tapes from him and failed to record the confiscation. …
LAPD Cop Awarded $3.1 Million for Retaliation by On September 22, 2008, a jury awarded $3.1 million to a Los Angeles Police Department (LAPD) officer who was retaliated against for reporting that his supervising officer used racial epithets and possibly embezzled department funds. Twenty-five year LAPD veteran Robert Hill, who …
Article • May 15, 2012
Maine: Final Order of Protection Vacated where Prisoner Not Afforded Opportunity to be Heard by In December 2011, the Maine Supreme Judicial Court vacated a district court judgment granting an order of protection from abuse where the alleged abuser had advised the court that, because he was incarcerated, he would …
Maine Jailer Settles Federal Discrimination Suit by A former Maine jail guard accepted an undisclosed sum to settle his federal discrimination suit against his former employer. In March 2009, Hancock County Jail guard Brad Ewing suffered a back injury during a scuffle with a prisoner. Ewing was placed on medical …
Article • May 15, 2012
Maryland: Off-Duty Deputies Liable for Mass Purchase of Newspaper Critical of Sheriff on Eve of Election by In 2004, on remand from the Fourth Circuit, the U.S. District Court for the District of Maryland held that neither qualified nor statutory immunity shielded off-duty deputies from liability for damages for making …
Article • May 15, 2012
Filed under: Visiting
Sixth Circuit Affirms Michigan Jail's No-Contact-Visiting Rule by The Sixth Circuit Court of Appeals has held that prisoners do not have a constitutional right to contact visitation. While in pre-trial status at Saginaw County Jail, Michigan in 1975, plaintiff James O’Bryan, et al, challenged, among other issues, the Saginaw County …
Article • May 15, 2012
Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna By Derek Gilna In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required …
Article • May 15, 2012
Human Rights Watch Report Faults ICE for Improper Treatment of Mentally Disabled Aliens by Derek Gilna By Derek Gilna A 2010 study by Human Rights Watch highlights abuses suffered by mentally disabled aliens, both legal and illegal. According to Human Rights Watch, "Every year, several hundred thousand people in the …
Idaho Population Caps Continue; Class Counsel & Representatives Reappointed by Idaho Population Caps Continue; Class Counsel & Representatives Reappointed On December 18, 2007, a federal court in Idaho re-appointed Class Representatives and ordered attorney fees for Plaintiffs' counsel in a long-running Idaho Department of Corrections (IDOC) overcrowding case. In 1987, …
Illinois: Prisoner Who Commits Disciplinary Infraction May Also Be Prosecuted In Court by In November 2011, the Illinois Court of Appeal held that a single unlawful act by a state prisoner may give rise to both disciplinary and criminal charges. In August 2000, Anthony Gay, a prisoner at Pontiac Correctional …
Illinois DOC Control Unit Case Certified as Class Action by An Illinois federal court certified a suit related to prisoner confinement in an Illinois Department of Corrections (IDOC) maximum security unit as a class action. Thirty-two past and present prisoners of the Tamms Correctional Center (Tamms) maximum security unit brought …
Article • May 15, 2012
Filed under: Sentencing, Parole
Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative by Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative In a consolidated appeal of cases from Cook County and Livingston County in the State of Illinois, the Illinois Supreme Court has recognized the power of a county probation department to …
Article • May 15, 2012
Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna By Derek Gilna In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied …
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