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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 …
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 …
Eighth Circuit Rejects Reckless Investigation Claim by On April 8, 2008, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit brought by a former prisoner against a prison investigator for his role in the prisoner’s murder conviction and resulting death sentence. Joseph Amrine sued George Brooks, a …
Article • July 15, 2009
Prison Officials Must Assist Prisoners in Getting Married by Failing to assist a prisoner in getting married is a cognizable First Amendment violation, the U.S. Court of Appeals for the Sixth Circuit decided on July 31, 2003. Laura Toms and Ira Chaiffetz, an Ohio prisoner, had a hard time getting …
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 …
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 …
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
Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David Reutter Prisoner’s Free Speech Rights Violated by Legal Mail Opened Outside His Presence; Qualified Immunity Denied by David M. Reutter The Eleventh Circuit Court of Appeals held that prison officials who open legal …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Lab Technician Denied Qualified Immunity In Former Prisoner’s Lawsuit by In 1984, Dennis Patrick Brown was convicted of rape and sentenced to life in prison. With the assistance of The Innocence Project, the DNA tests were repeated in 2003 and revealed Brown was innocent. Brown was released and the City …
Muslim Prisoners Cannot be Forced to Handle Pork; Qualified Immunity Denied by The Third Circuit Court of Appeals held that a Muslim prisoner’s complaint that prison officials disciplined him for refusing to handle pork stated a claim under the First Amendment and the Religious Land Use and Institutionalized Persons Act …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Washington DOC Denied Qualified Immunity In Prisoner Beating by The Washington State Department of Corrections (DOC) motioned for summary judgment dismissal in a 42 U.S.C. § 1983 action brought by a state prisoner who was beaten at the Clallam Bay Corrections Center (CBCC) in 2002. The motion was granted in …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
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