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Article • November 15, 2011
Sex Offender Designation Process Upheld by Louisiana Supreme Court by On July 1, 2011, the Supreme Court of Louisiana upheld the constitutionality of the Sex Offender Assessment Panel (SOAP) process. The Louisiana legislature enacted the SOAP in order to identify which sex offenders should be classified as either sexually violent …
Article • November 15, 2011
Suit against Private Prison Operator for Self-Dealing Remanded by On July 8, 2011, the U.S. Court of Appeals for the Tenth Circuit reversed and remanded for further proceedings a shareholder action brought against a private prison operator. Ravenswood Investment Company (RIC), a limited partner to Avalon Correctional Services, sued Avalon …
Article • November 15, 2011
Suit Challenging Election Surveillance May Go Forward, Second Circuit Decides by A lawsuit challenging the Foreign Intelligence Surveillance Act Amendments of 2008 (FAA) may proceed, the U.S. Court of Appeals for the Second Circuit decided March 21, 2011. The lower court dismissed the suit on standing grounds. Amnesty International, with …
Article • November 15, 2011
Washington Settles Shy Bladder Suit For $2,500 by On March 8, 2006, the State of Washington paid $2,500 to settle with a former state prisoner who sued two state employees in their individual capacities for violating his federal civil rights and the Washington Department of Corrections for failing to make …
Article • November 15, 2011
Washington State Patrol Must Unconditionally Disclose Collision Information by The Washington State Court of Appeals held that the Washington State Patrol (WSP) must disclose records about traffic accidents in specific locations (collision records) following a public records request without first requiring the requester to sign a statement that the records …
Article • November 15, 2011
Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion by U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference. Michelle Goebert, a former Lee County, …
Article • November 15, 2011
Stress from Killing Prisoner Does Not Support Disability Claim by DOC Guard over Failure to Retire Claim by Brandon Sample By Brandon Sample The Court of Appeals of the State of Washington affirmed a trial court’s grant of summary judgment for the Washington Department of Corrections (DOC) in a suit …
Article • November 15, 2011
Filed under: Police, False Arrest
$97,500 Awarded to Woman in D.C. “Contempt of Cop” Case by On March 25, 2011, a D.C. jury awarded Lindsay Huthnance $97,500 in compensatory and punitive damages for a 2005 “contempt of arrest.” After entering a 7-Eleven convenience store and noticing a group of D.C. police standing around, Huthnance commented …
Article • November 15, 2011
$430,000 Settlement in North Carolina Police Department’s Failure to Enforce Protective Order by North Carolina’s Jonesville Police Department paid $430,000 to a lawsuit filed by Vernatta Cockerham, who claimed the police department failed to enforce a restraining order she had taken out against her estranged husband, Richard Ellerbee, on November …
Article • November 15, 2011
$450,000 Verdict Award for Victim Beaten by Off-Duty Police Officer by A jury in Illinois Winnebago County awarded Ryan Hallett $450,000 against Richmond police officer Bryan Quilici. While Quilici was off-duty, he attacked Hallett, and the jury found the officer was acting officially. The jury further found that Quilici used …
Article • November 15, 2011
Filed under: Medical, Medical Expenses
California: County Not Liable For Precommitment Arrestees' Medical Costs by John Dannenberg by John E. Dannenberg The California Court of Appeals held that San Diego County was not financially responsible for medical care for precommitment arrestees who received medical care at community hospitals prior to being booked into county jail. …
Article • November 15, 2011
Court's Sanctions for BOP's Refusal to Discuss Settlement Vacated by The Fifth Circuit Court of Appeals reversed a district court's sanctions against two Assistant U.S. Attorney's for not making good faith settlement discussions. The plaintiff/prisoner collided with an unpadded pole while pursuing a fly ball during a softball game at …
Article • November 15, 2011
Former Oregon Prison Guard Loses Wrongful Termination Suit by On March 10, 2011, a state court jury returned a verdict against a state hospital worker, formerly a prison guard, who alleged his termination was improperly based on race, not because he had been caught having sex in a cemetery while …
Article • November 15, 2011
Ohio Supreme Court Affirms Denial of Public Records Damages to Prisoner by On December 1, 2010, the Supreme Court of Ohio issued and opinion affirming a court of appeals decision denying statutory damages to a prisoner who prevailed against prison officials in a public records mandamus action. Lambert Dehler, an …
Article • November 15, 2011
Open Public Records Act Plaintiff Entitled to Attorney’s Fees, New Jersey Appellate Court Holds by The Appellate Division for the Superior Court of New Jersey has reversed in part a lower court’s refusal to award attorney’s fees to a plaintiff in an New Jersey Open Public Records Act (OPRA) suit. …
Article • November 15, 2011
Peer Review Document Discoverable in Lawsuit Involving Prisoner’s Death by A Florida federal court ordered disclosure of a peer review document that concerned a prisoner’s death, holding the document is not privileged. The order requires the defendants, the Florida Department of Corrections and Prison Health Services, to provide the Memorandum …
Article • November 15, 2011
Puerto Rico: Convicted Murderer Not Eligible to Participate in Community-Based Diversion Programs by By Derek Gilna The First Circuit Court of Appeals has upheld the decision of the United States District Court for the District of Puerto Rico dismissing the due process and equal protection claims of a Puerto Rican …
Article • November 15, 2011
Puerto Rico Independent Prison Medical Services Contractor Not Employee by On November 16, 2010, the First Circuit court of appeals upheld the ruling of a Puerto Rico federal court that an physician who was an independent contractor providing medical services in Puerto Rico prisons was not an employee of the …
Article • November 15, 2011
Filed under: Money/Property, Restitution
Restitution Payments through IRFP Not Subject to Judicial Scrutiny by Restitution paid through the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IRFP) is not subject to judicial scrutiny, U.S. District Judge Rodger C. Hunt held December 11, 2007. Mark Young, a federal prisoner, filed a motion with his sentencing …
Article • November 15, 2011
Right to Counsel Not Violated by Brig Officials Present During Attorney Phone Calls by On May 1, 2008, the U.S. Court of Appeals for the Armed Services affirmed a lower court’s judgment rejecting a service member’s claim that he was denied the right to appellate counsel because brig officials were …
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