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Article • July 15, 2009 • from PLN July, 2009
Pennsylvania County Sex Offender Residency Ordinance Voided by by David M. Reutter On March 20, 2009, a Pennsylvania federal district court held that an Allegheny County ordinance which restricted where sex offenders could live was in conflict with state law, and thus was invalid. The plaintiffs in this case were …
State Where Claim Arose Controls Section 1983 Limitations Period by The Seventh Circuit Court of Appeals has held that a Wisconsin prisoner who sued for injuries under 42 U.S.C. §1983 that occurred while at a Corrections Corporation of America (CCA) facility is bound by the statute of limitations of the …
Texas Prison Guards Denied Summary Judgment in Excessive Force Case by On December 7, 2007, Texas prisoner Michael Newsome filed a civil rights complaint alleging that excessive force was exercised against him by prison supervisors Captain John McDaniel and Sergeant John Rhinehart. That suit was dismissed on May 22, 2008 …
Article • July 15, 2009
Washington State’s Public Records Exemption Suit Limitation Runs When Privilege Log Issued by The Washington State Supreme Court has held that the Public Records Act’s (PRA) one year limitation to challenge exemptions is not triggered until the agency subject to the request provides the requestor with a privilege log. The …
Article • July 15, 2009
Washington Woman Receives $79,000 Settlement in Unlawful Arrest, Excessive Force Case by On March 25, 2008, Melissa Scott accepted a $79,000 as settlement for her §1983 claims of unlawful arrest and excessive force against the City of Bremerton and Bremerton police officer William Cook. Plaintiff's attorneys, Andrew Williams and Steve …
Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
Protective Order Entered in Hepatitis C Cases by U.S. Magistrate Judge Joel B. Rosen has entered a protective order in a group of lawsuits challenging the New Jersey Department of Corrections’ (NJDOC) policies regarding the screening and treatment of Hepatitis C. The protective order was entered with the consent of …
Protective Order Entered to Protect Against Disclosure of Information Regarding Immigration Detainees by U.S. Magistrate Judge P. Michael Mahoney has entered a protective order in a case over the adequacy of medical care provided to a now deceased Immigration and Customs Enforcement (ICE) detainee. Judge Mahoney’s protective order came after …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Prohibiting Decorations on Outgoing Envelope Not Violative of RLUIPA by The Fifth Circuit Court of Appeals has held that a Texas prison policy that prohibits prisoners from drawing illustrations or messages on envelopes does not violate a prisoner’s rights. Prisoner Robert N. Smithback filed a civil rights action that claimed …
Sexually Harassed Florida Prison Nurse’s Injunctive Relief Claim Moot by A Florida federal district court has denied summary judgment on monetary damages but granted it for injunctive and declatory relief, on motion brought by the Florida Department of Corrections (FDOC) in a lawsuit alleging gender discrimination and hostile work environment. …
Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
No Tort Liability for Louisiana Employer Accused of Negligence in Death of Prisoner on Work Release by Louisiana prisoners injured while in work release may not pursue a tort action against the prisoner’s employer, the Court of Appeal of Louisiana, 2nd District, decided April 30, 2008. Instead, the exclusive remedy …
Article • July 15, 2009
Only Prosecutor from County Where Sex Offender was Convicted May Seek Civil Commitment by Only prosecuting attorneys in the county where a defendant was convicted of a sexually violent crime may petition to have an offender civilly committed, the Supreme Court of the State of Washington held May 1, 2008. …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Article • July 15, 2009
Citizens May Sue Government Under Section 526a to Enforce California Public Records Act by California’s Sixth District Court of Appeals has held that while California’s Public Records Act (CPRA) has a limited judicial remedy of determining whether a particular record or class of records must be disclosed, the purpose of …
Article • July 15, 2009
Prisoner’s Family Wins Suit Against BOP Following Prisoner’s Suicide by The family members of Billy Joe Chilton filed a claim under the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 28 U.S.C. Sections 2671, et seq., as well as the Missouri Wrongful Death Statute, alleging that the Federal Bureau of …
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