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Article • February 15, 2012
U.S. Supreme Court Limits Edwards Rule by Brandon Sample In Edwards v. Arizona, 451 U.S. 477 (1981), the Supreme Court held that statements made to police during an interrogation following a request for counsel are presumed invalid. The so-called Edwards rule was designed to protect the safeguards afforded by Miranda …
Article • February 15, 2012
9th Circuit: Appeals Court Lacks Jurisdiction over Non-Final Order For New Parole Hearing by The Ninth Circuit has held that it lacks jurisdiction to hear an appeal of a district court order instructing California's Board of Parole Hearings (Board) to conduct a new parole hearing, where that order, because it …
Article • February 15, 2012
9th Circuit: Equitable Estoppel Applies Where Fraudulent Concealment by Police Thwarts Filing of Claim within Statute of Limitations Period by The Ninth Circuit has held that the doctrine of equitable estoppel can save a claim brought under 42 U.S.C. § 1983 against an otherwise-applicable statute of limitations bar, where although …
Article • February 15, 2012
$8,000 Settlement in Washington DOC False Imprisonment Suit by An $8,000 settlement was reached in a false imprisonment claim against the State of Washington. Duane A. Cooper had been sentenced to a 60 month sentence for a class C felony on April 4, 1996. On May 14, 2002, Cooper was …
Article • February 15, 2012
Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or Prospective by Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or …
Article • February 15, 2012
Filed under: Medical, Medication, Diabetes
New York City Settles Deliberate Indifference Suit for $125,000 by In July 2011, the City of New York agreed to pay $125,000 to a diabetic woman who was denied her insulin after being arrested. According to a lawsuit filed by Jaime Rutkowski, the arresting officer, Luid Moncayo, refused to take …
Article • February 15, 2012
Oregon Man Sues Jailers at “$17 Million Torture Chamber” by “My face [was] hit so hard that it busted my nose, shattered my teeth and broke my jaw,” said Chadwick J. Yancey, 31, as he described why he sued various Oregon jail guards for excessive force. “It briefly left me …
Article • February 15, 2012
Prisoner Who Faces No Irreparable Injury Not Entitled to Preliminary Injunction by In March 2011, the California Court of Appeal affirmed a trial court’s denial of preliminary injunctive relief to a prisoner who alleged that Salinas Valley State Prison (SVSP) officials were not complying with the Approved Personal Property Schedule …
Article • February 15, 2012
Suit Over Police Beating of Fort Worth Prisoner Settled for $120,000 by On August 24, 2010, the City of Fort Worth, Texas agreed to settle a former prisoner’s civil rights suit for $120,000. Carey Cass Hudson, then 38, was arrested by Fort Worth police officer F.V. Anderson on June 14, …
Article • February 15, 2012
Oklahoma Man Rejects $10,000 Settlement, is Awarded $424 for Jail Assault by An Oklahoma man rejected a $10,000 settlement offer and was awarded $423.97 for a jail assault. The plaintiff, Lloyd Wayne Dowler, 31, was confined in a Tulsa County jail in May 1981 for Driving Under the Influence (DUI) …
Article • February 15, 2012
Permanent Injury from Excessive Force by Georgia Jail Guards Worth $892,138 by A Georgia man was paid $892,138 to settle a suit for injuries suffered when jail guards subjected him to excessive force. The plaintiff, Mr. Viar, was arrested for public drunkenness. “Officers banged his head against the bars of …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Article • February 15, 2012
Qualified Immunity Denied to Guard Who Failed to Provide Safe Transport by by David M. Reutter The Eighth Circuit Court of Appeals held on March 4, 2008 that a guard was not entitled to qualified immunity concerning a prisoner’s claim that the guard failed to provide safe transport, violating the …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
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 …
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