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California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Article • June 15, 2009
California Prison Guards' Dishonesty During Investigation Not Protected By Statute Of Limitations by The California Court of Appeal held that where California Department of Corrections and Rehabilitation (CDCR) prison guards and staff were timely charged with lying during an investigation relating to on-the-job misconduct, but their Notices of Adverse Action …
Connecticut Settles Suit Over Conditions at Somers Facility; $190,000 in Fees and Costs Paid by In 1996, the parties in a class action suit over the conditions at the Connecticut Correctional Institution in Somers entered into a settlement agreement. The settlement came after significant improvements were made at Somers over …
Article • June 15, 2009
Delayed Order Designating Issues in Texas Habeas Action Has No Effect by On June 4, 2008, the Texas Court of Criminal Appeals (CCA) held that an untimely order designating issues entered by a state district court in a state habeas action is of no effect and the district clerk was …
Eighth Circuit Allows Termination of Minnesota Prison Health Care Consent Decree by On November 21, 2008, the Eighth Circuit Court of Appeals affirmed a federal district court's order terminating the Hines Consent Decree covering prison medical care in the Minnesota Department of Corrections (DOC). In 1973, Howard Lansing Hines and …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Fifth Circuit Upholds Correspondence Restrictions in Houston Jail by On August 9, 2000, the Fifth Circuit Court of Appeals upheld a district court's dismissal of a prisoner's challenge to correspondence restrictions at the Harris County Jail in Houston, Texas. Matthew James Leachman, a prisoner at the Harris County Jail, filed …
Article • June 15, 2009
Fourth Circuit Vacates Dismissal of Challenge to Virginia's Gift Publication Ban by On June 27, 2008, the Fourth Circuit Court of Appeals vacated a district court's dismissal of a prisoner's challenge to the ban on gift publications in a Virginia prison. Robb M. Harksen, a Virginia prisoner, filed a pro …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Jury Awards $1.8 Million for False Arrest and Malicious Prosecution by In April, 2008, five Maryland men were awarded more than $1.8 million in compensatory and punitive damages in a civil rights suit alleging false arrest and malicious prosecution by Baltimore police officer Robert Cirello. Plaintiffs' attorneys, James L. Rhodes …
Article • June 15, 2009
New York Landlord Wins $25,000 Verdict for False Arrest by On January 30, 2007, following a one-day trial, a New York City jury awarded Plaintiff Barsiasa $25,000 for the emotional distress he suffered due to his false arrest by New York City police officers. Tenants in the Plaintiff's building accused …
Ohio Woman Awarded $350,000 for False Arrest by On August 30, 2005, a federal jury in Ohio awarded Michelle Black-Hosang $100,000 in compensatory damages, as well as $250,000 in punitive damages for her unlawful arrest by Sergeant James Mendenhall of the Ohio State Police. Additionally, Black-Hosang is seeking more than …
Article • June 15, 2009 • from PLN June, 2009
Washington DOC Pays Pro Se Prisoner $110,043 For Illegally Withholding Records by Washington DOC Pays Pro Se Prisoner $110,043 For Illegally Withholding Records The Washington State Department of Corrections (WDOC) will pay former Airway Heights Corrections Center prisoner Derek E. Gronquist $110,043 for mishandling his requests for public records. This …
Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matthew Clarke Texas Court of Appeals Upholds $42.5 Million Award Against Wackenhut / GEO Group by Matt Clarke On April 2, 2009, a Texas Court of Appeals upheld a jury award of $22,000,000 in actual damages …
Article • June 15, 2009 • from PLN June, 2009
Jury Nullification: Power To The People by Paul Butler Jury nullification is power to the people. It’s a constitutional doctrine that allows juries to acquit defendants who are technically guilty, but who don’t deserve punishment. Does this sound like anyone you know? As a former prosecutor, I think it sounds …
Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David Reutter Michigan Jail Officials Lied and Hid Documents in Lawsuit Over Prisoner’s Death by David M. Reutter On the eve of trial, a Michigan U.S. District Court adjourned a civil rights suit to reopen fact finding …
Article • June 15, 2009 • from PLN June, 2009
Amnesty International Sources Given Journalistic Protection by Amnesty International Sources Given Journalistic Protection A New York federal judge held that sources used by Amnesty International (Amnesty) in drafting a report on conditions of confinement at the Metropolitan Detention Center (MDC) in Brooklyn, New York were entitled to the same protection …
New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced by David Reutter New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced by David M. Reutter A New York federal jury awarded $1,400,006 to a former prisoner …
First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected $10,000 Offer, Was Awarded $5,500 by Mark Wilson First Circuit Awards Defendant Costs Under FRCP 68; Plaintiff Rejected ?$10,000 Offer, Was Awarded $5,500 by Mark Wilson The First Circuit Court of Appeals has awarded a defendant costs under Federal Rule …
BOP Settles Suit Over Telephone Access, Electronic FOIA Claims by The Bureau of Prisons (BOP) has agreed to settle another lawsuit brought by PLN contributing writer, Brandon Sample.The settlement resolves several disputes between Sample and the BOP. Sample had complained, for instance, that the call prompt announced over the prisoner …
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