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Article • November 15, 2011
No Sixth Amendment Right to Confront Witnesses at Parole Revocation Hearings by Brandon Sample By Brandon Sample The Sixth Amendment’s right to confront witnesses does not apply to parole revocation proceedings, the U.S. Court of Appeals for the Tenth Circuit decided November 24th, 2010. The U.S. Parole Commission revoked Bruce …
Article • November 15, 2011
Filed under: Civil Procedure, Witnesses
Prisoners Not Entitled to Witness Fees by Prisoners are not entitled to witness fees, U.S. District Judge Michael Reagan recently held. Christopher Lekas, a prisoner at the Dixon Correctional Center in Dixon, Illinois, testified via video feed from prison in a civil rights action. After testifying, Dixon filed a motion …
Article • November 15, 2011
Ohio DOC Not Liable in Prisoner’s MRSA Death by An Ohio claims court held that the Ohio Department of Rehabilitation and Correction (ODRC) is not liable for a prisoner’s death in a wrongful death and medical negligence lawsuit. The court’s ruling was based upon community-acquired MRSA not being widely acknowledged …
Article • November 15, 2011
Filed under: Medical, Vision
$80,000 Settlement Reached in Eye Damage Suit against Washington Department of Corrections by An $80,000 settlement was reached in a suit filed against the Washington Department of Corrections (WDOC) for medical negligence resulting in partial loss of vision. In October 1997, Jerry Wilms was a prisoner at McNeil Island Corrections …
$500,000 Award in Washington Malicious Prosecution Claim by A Washington state federal jury awarded $500,000 to the plaintiff in a civil rights action that alleged malicious prosecution. The suit was brought by Brian Wiederspohn against two Whatcom County Sheriff deputies. The deputies, Jeremy Freeman and Trevor Vanderveen, went to Wiederspohn’s …
Article • November 15, 2011
$900 Settlement for California Prisoner Attacked after Guard Malfeasance by The California Department of Corrections (CDOC) agreed to pay $900 to a prisoner who was attacked by rival prisoners at Corcoran State Prison. On July 12, 2008 Samuel Saldana was beaten by Hispanics from southern California after S. Walsh, a …
Article • November 15, 2011
Filed under: Medical, Urinary
CDOC Agrees to Pay $5,000 to Resolve Medical Indifference Suit by On May 13, 2009, the California Department of Corrections (CDOC) agreed to pay $5,000 to a prisoner who received deliberately indifferent medical care. According to Humberto Preciado’s 42 U.S.C. § 1983 suit, medical staff at Chuckawalla Valley State Prison …
Article • November 15, 2011
Filed under: Searches, Police Searches
CDOC Agrees to Pay $10,000 to Settle Suit Alleging Unlawful Search of a Home by On April 16, 2009, the California Department of Corrections (CDOC) agreed to pay $10,000 to a woman after CDOC staff unlawfully entered her home. Rita Baldwin sued the CDOC after undercover CDOC agents entered her …
Article • November 15, 2011
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment by Steven Larson sued the CDOC alleging constitutional violations, false imprisonment, and negligence after he was unlawfully held for 47 days. In 2007, Larson violated the conditions of his parole. At the revocation hearing, Larson received a firm parole discharge date of …
Article • November 15, 2011
Consent Decree Sets Religious Diet Regulations at Wyoming State Prison by Based upon a negotiated settlement, a Wyoming federal district court entered a consent decree that establishes rights for prisoners around religious diet regulations at the Wyoming State Prison (WSP). The suit was brought by two Muslim prisoners, Joseph Miller …
Article • November 15, 2011
Court Orders Discovery of Documents in Sex Abuse Suit by On October 14, 2004, U.S. Magistrate Judge Gabriel W. Gorenstein ordered the defendants in a 42 U.S.C. § 1983 action to produce copies of documents related to the sexual misconduct allegations in the suit. The plaintiffs alleged that guards had …
Article • November 15, 2011
State Not Liable for Escaped Juvenile Detainee’s Murder of Store Owner by The federal district court of the District of Columbia granted summary judgment to the defendants in a lawsuit seeking damages resulting from a store owner’s murder by an escaped juvenile detainee. The action was brought by the wife …
Article • November 15, 2011
Washington DOC Settles Claims over Food Poisoning Outbreak by Eight prisoners affected by food poisoning while incarcerated at the Washington State Penitentiary accepted settlement offers of $1000 each on their claims of unsanitary food service practices against the Washington Department of Corrections (WDOC). Plaintiffs experienced high fever, vomiting, cramps, diarrhea, …
Article • November 15, 2011
$2,000 Settlement Reached over Washington Guards' Neglect of Prisoner's Leg Injury by A $2,000 settlement was reached in an Eighth Amendment complaint against prison guards and medical staff in the Washington Department of Corrections (WDOC). On June 29, 2001, Chorner Brown, a prisoner housed at Stafford Creek Correctional Center, had …
Article • November 15, 2011
$2,750,000 Settlement Reached in Washington Parolee Wrongful Death Suit by A $2,750,000 settlement was reached in a wrongful death suit stemming from an accident caused by a Washington parolee. On August 15, 1999 Kenneth Chambers, who was on parole, struck a vehicle driven by Kim E. Simonds. Chambers was driving …
Article • November 15, 2011
Filed under: Medical, Kidney
Washington Department of Corrections Pays $4,500 Settlement for Prisoner’s Permanent Kidney Damage by A $4,500 settlement was reached in a medical negligence suit filed against the Washington Department of Corrections (WDOC). Between April 9, 1998 and January 13, 1999, Keith Fair was a prisoner being held by WDOC at the …
Article • November 15, 2011
Filed under: Medical, Misdiagnosis, Muscular
Misdiagnosed Achilles Tendon Rupture Nets $5000 Settlement for Washington Prisoner by A $5,000 settlement was reached in a medical negligence claim against the Washington Department of Corrections (WDOC). Oliver M. Wright was a prisoner at Stafford Creek Correctional Center when he suffered a ruptured Achilles tendon in his left leg …
Article • November 15, 2011
$12,000 Settlement Reached in Washington Parolee Wrongful Death Claim by A $12,000 settlement was reached in a wrongful death suit against the State of Washington and Pierce County. Tracy Joe Enoch-Jevne was convicted on four separate DUI counts spanning from February 1996 to December 1998. Due to an error, she …
Article • November 15, 2011
$15,000 Settlement in Washington Auto Accident Claim by A $15,000 settlement was reached in an auto accident that included a Washington State vehicle. Richard G. Thietje was traveling south on Capitol Way in Olympia, Washington when James Perez, who was driving a state vehicle, took an illegal left-hand turn and …
Article • November 15, 2011
26,500 Settlement Reached in Washington State Over-Detention Suit by A $26,500 settlement was reached in a wrongful imprisonment suit filed against the Washington State Department of Corrections (WDOC). In November 1997, Benjiman Abolafya was convicted of third degree rape and sentenced to 60 months in WDOC custody. After receiving the …
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