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Article • February 15, 2012
California Moratorium on Executions Continues by Two days before his scheduled execution, the Ninth Circuit remanded back to the district court Albert Brown's Eighth Amendment challenge to the method of his execution to determine whether, under the "demonstrated risk" standard articulated by the Supreme Court in Baze v. Rees, 553 …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Article • February 15, 2012
California Shells Out $250,000 to Settle Prisoner’s Wrongful Death Suit by In September 2008, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $250,000 to settle a wrongful death suit brought by Victoria Wright, the surviving spouse of former CDCR prisoner Jay Wright, who died of cardiac arrest …
Article • February 15, 2012
California Supreme Court Clarifies Meaning of Public Interest Litigation by The California Supreme Court has held that the issues underlying a published appellate decision, viz., Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, qualify the case as public interest litigation, which may entitle the prevailing party to …
CDCR Pays $7,500 to Resolve Payment Dispute in Employee Sexual Harassment Suit by In February 2009, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $7,500 to settle a payment dispute over a lawsuit filed by psychotherapist Sallie Mae Bradley for alleged sexual harassment by a CDCR Chaplain, …
CDCR Pays $25,000 to Settle Employee Harassment Claim by In December 2008, Sergeant Curtis Scott signed a Settlement Agreement with the California Department of Corrections and Rehabilitation (CDCR), agreeing to settle the lawsuit he had initiated in April 2007. In that lawsuit, Scott alleged that, while employed at High Desert …
Article • February 15, 2012
Conspiracy Claim Must Be Supported by Facts by The U.S. Ninth Circuit Court of Appeals has held action under 42 U.S.C. § 1985 that conspiracy claims must be supported by facts and evidence. Mrs. Alvera M. Aldabe filed civil action under 42 U.S.C. § 1983 and 1985(3) claiming that a …
Article • February 15, 2012
Federal Appeals Court Denies Colorado Prisoner’s “Mail Box Rule” Appeal by The Tenth Circuit Court of Appeals affirmed a Colorado district court’s order to alter the judgment in a suit won by a Colorado prisoner. Michael N. Milligan filed suit against Brian Matthews, a prison official at the prison in …
Article • February 15, 2012
Federal Court Holds New Jersey Prisoner's PLN Denial Claim is Valid by On February 23, 2011, a federal court held that a New Jersey state prisoner's suit complaining of, among other issues, prison officials denying him access to Prison Legal News, stated a valid claim. Raheem Taylor, a New Jersey …
Article • February 15, 2012
Florida: Legislature's Attempt to Shift Overhead Costs of Appointed Counsel for Indigents from State to Counties Deemed Unconstitutional by The Florida Supreme Court has held that section 19 of chapter 2007-62, Laws of Florida, impermissibly shifts responsibility for funding overhead costs of court-appointed counsel from the state to the counties, …
Article • February 15, 2012
California DOC Agrees to $135,000 Settlement for Failing to Diagnose Prisoner’s Cancer, Resulting in Death by A $135,000 award was granted in the wrongful death suit against California Department of Corrections (CDOC). In July of 2000, Jake Mumm, a California prisoner, was housed at California Men’s Colony, where he began …
Article • February 15, 2012
$150,000 Settlement in Tulsa, Oklahoma Police Beating of Juvenile Suit by A $150,000 settlement was reached in a suit against police for excessive force on a teenage minor. The suit filed against the City of Tulsa stated that on April 12, 2008, three Tulsa City Police Officers, Stephen Boyes, Timothy …
Article • February 15, 2012
$175,000 Settlement in New York False Arrest Suit by A $175,000 settlement was reached in a false arrest suit filed by a New York man and infant child. The suit arose on August 2, 2004 when Keith Brown and an infant child, D.M. were in the park in Pelham, New …
$180,000 Settlement Reached in a False Imprisonment Suit against Private Security Contractor by A $180,000 settlement was reached in a suit against U.S. Protect, a private security corporation under federal contract to oversee security at the border crossing in San Ysidro, California. On November 3, 2006, Maria Quinones, who is …
Article • February 15, 2012
$350,000 Settlement Reached in Negligence Suit over California Youth Prison Suicide by A $350,000 settlement was reached in a federal lawsuit related to the death of a prisoner at a youth prison in California. On August 31, 2005, Joseph Daniel Maldonado, a prisoner at N.A. Chanderjian Youth Correctional Facility, was …
$375,000 Settlement Reached in Racial Discrimination Suit against California DOC by A $375,000 settlement was reached in a racial discrimination suit against the California Department of Corrections (CDOC). Kevin Robinson began working for CDOC on January 1, 1999, at Pleasant Valley State Prison. In April 2006, Robinson’s supervisor, Sgt. Steve …
Article • February 15, 2012
$465,000 Award in New York Jail Guard’s Sexual Harassment Suit by A $465,000 award was granted by a federal jury to a female county corrections officer in a sexual harassment suit. Amy Negron filed suit against former Ulster County sheriff Paul Van Blarcum, former sheriff Richard Bockelman, and Corporal Paul …
Article • February 15, 2012
California: Guard Union Members Not Entitled to Back Pay for Furloughed Days by The California Court of Appeal has reversed an order by the Superior Court of Alameda County that would have resulted in back pay for approximately 30,000-35,000 state civil service employees working at correctional facilities operated by the …
California: Failure to Accommodate Hearing-Impaired Parolee Leads To $100,000 Settlement by In November 2009, Joseph Genova, a hearing-impaired ex-prisoner, signed a Settlement Agreement and Release of All Claims, accepting $10,000 from the State of California, $68,000 from Walden House, Inc., and $22,000 from Behavioral Systems Southwest, Inc. (BSS) in exchange …
Article • February 15, 2012
California Federal Jury Awards $217,784 to Diabetic Bodybuilder Beaten by Police by A San Francisco federal jury awarded $217,784 to a bodybuilder who police beat while he was in life-threatening insulin shock. Doug Burns, who suffers from Type I (juvenile-onset) diabetes, won the Natural Mr. Universe bodybuilding competition in 2006. …
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