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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 …
Title IX Does not Preclude § 1983 Action for Gender Discrimination by Title IX Does not Preclude § 1983 Action for Gender Discrimination The U.S. Supreme Court has held that Title IX does not preclude a 42 U.S.C. § 1983 action alleging unconstitutional gender discrimination in schools. The action stems …
Article • September 15, 2009
Washington State Jail Guards Lose Overtime Suit by The Washington State Supreme Court has held that “delayed” payment of wages beyond the time frame set forth in former WAC 296-128-035 does give rise to employer liability under the Wage Rebate Act (WRA), but only where the delay is “willful.” The …
Massachusetts Federal Court Dismisses DOC from Prisoner's Rape Suit; Amendment Allowed by On October 24, 2008, a Massachusetts federal court dismissed the claims against prison official defendants (defendants) by a former Massachusetts Department of Corrections (DOC) prisoner who allegedly had between 50 and 100 sexual encounters with a former guard. …
Minnesota Court Awards $146,546.19 for Failing to Provide Deaf Interpreter by On February 17, 2005 a Minnesota state court awarded a prisoner $7,500 in damages and fined the Minnesota Department of Corrections (DOC) $1,000 for failing to provide an American Sign Language (ASL) interpreter for a prisoner in the Sex …
Article • September 15, 2009
Texas Court of Appeals Orders Clerk to File Prisoner's Notice of Appeal by On November 26, 2008, a Texas court of appeals granted a petition for a writ of mandamus and ordered the District Clerk of Walker County, Texas, to file a prisoner's pro se notice of appeal. Clifford Allen …
Article • September 15, 2009
Governor and His Chief of Staff Not Subject to Deposition by On August 14, 2008, a California magistrate judge issued an order requiring Governor Arnold Schwarzenegger, Chief of Staff Susan Kennedy and Deputy Cabinet Secretary Robert Gore (Defendants) to submit to depositions by Plaintiffs in a case involving California prison …
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