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Article • May 15, 2007
Prisoners Entitled to Legal Research Access or Legal Assistance Program, But Not Both by Prisoners Entitled to Legal Research Access or Legal Assistance Program, But Not Both The Fourth Circuit Court of Appeals held the State of North Carolina was under no constitutional duty to offer prisoners both adequate legal …
$75,000 Paid in Washington DOC Employee's Sexual Harassment Suit by Lorna Sutliff, an employee of Benton County, WA Department of Corrections filed suit in state court alleging she was sexually harassed by J. Jeremiah Coughlin during the course of her employment from 1984 to March 26, 1991. In February 1992 …
$175,000 Paid in WA Guard's Second Sexual Harassment and Retaliation Suit by Madge Wheelock, a Sergeant at Monroe Command for the Washington Department of Corrections, was subjected to continued sexual harassment and retaliation, which occurred after she received a judgment under Snohomish County Case No. 85-2-04790-5 in the amount of …
Article • May 15, 2007
$440,000 Paid in Pennsylvania Detainee's Suicide by A Pennsylvania federal district court held that guards at the Philadelphia Detention Center can be liable for their acts and omissions in a pretrial detainee's hanging death. While at the Detention Center, Patrick Gaudreau exhibited behavior that resulted in him being involuntarily committed …
Article • May 15, 2007
FL Prisoner Entitled to Evidence Production and to Be Present at Disciplinary Hearing by Florida's First District Court of Appeal held that the failure to produce an object that was allegedly a weapon when the prisoner's defense was that the object was not a weapon, entitled the prisoner mandamus relief. …
Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial by Sanctions Upheld, New Trial Ordered Over Use of Plaintiffs Sexual History at Trial The Ninth Circuit Court of Appeals held a complaint filed by a female officer of the Maui Police Department with the Hawaiian Civil …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
Article • May 15, 2007
Filing Fee for State Habeas Corpus Unconstitutional by The United States Supreme Court held that a state could not require payment of a filing fee in state habeas corpus proceedings, or for appeals taken there from, while denying indigent prisoners access to the proceedings. According to the Court, "to interpose …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
FL Prisoner's Review of Mandamus Denial Requires Writ of Certiorari by The Florida supreme court affirmed the First District Court of Appeals order that held review of a denial of a writ of mandamus comes under a petition for writ of certiorari rather than a direct appeal, which was the …
Article • May 15, 2007
Filed under: Sentencing, Good Time
IL DOC Director Must Exercise Discretion on Good Time Awards by The Illinois Fourth District Court of Appeals reversed the dismissal of a mandamus petition seeking to enforce the Director of the Department of Corrections duty to exercise his discretion to award good time credits. The Director implemented an unwritten …
$7,701 Paid in WA DOC Employees Discrimination Claim by Stacy Lee Sund filed a tort claim with the Washington office of Risk Management alleging that the assistant director of the office of Correctional Industries stated she got pregnant in order to take advantage of the state system and medical benefits …
Article • May 15, 2007
Prison Doctor, Administrators Not Indifferent; Prison Nurse Was by The U.S. Seventh Circuit Court of Appeals held that an Indiana prisoner's complaint stated a claim for deliberate indifference to a serious medical need against a prison nurse but did not state a claim against either the prison's physician or administrators. …
PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections officials who censored the May, 1999, issue …
Article • May 15, 2007
Los Angeles County Prisoner Settles Shoulder Injury Claim For $10,000 by On December 24, 2001, a man who claimed his shoulder was injured when a Los Angeles County court bus abruptly stopped settled his lawsuit for $10,000. Plaintiff Leo Vargas, a 47-year-old auto mechanic, was riding a county court bus …
Article • May 15, 2007
Order Requiring Utility To Disperse Third Party Material Unconstitutional by The U.S. Supreme Court held that an order of the Public Utilities Commission of California (PUCC) requiring Pacific Gas and Electric Co. (PGE) to include material from a third party, with which it did not agree, in its billing envelopes …
Article • May 15, 2007
Texas Appeals Court Upholds Epileptic Prisoner's $60,000 Award by In this appeal by Harris County, Texas, and Sheriff Jack Heard (Appellants), the state Court of Appeals, 14th District, upheld a $60,000 jury verdict in favor of a former epileptic prisoner who was injured as a result of Appellants' negligence. On …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Article • May 15, 2007
Parole Claim Moot after Release from Supervision by The United States Supreme Court held that a prisoner's full release from parole supervision rendered his procedural due process claims moot. In this decision, the Court describe the elements of the "capable of repetition, yet evading review" exception to the doctrine of …
Article • May 15, 2007
Due Process Required Before Prisoners' Wages Seized by The court of appeals for the Ninth circuit held that prisoners are entitled to due process before their wages are seized and prison officials were not entitled to qualified immunity for seizing prisoners' wages without due process. The court also upheld denial …
Article • May 15, 2007
Female Staff Removed From CA Youth Living Units by The California Third District Court of Appeal issued a writ of habeas corpus requiring all female staff be removed from the DeWitt Nelson Training Center living units and areas of gymnasium sanitary facilities. Male juvenile detainees were forced to disrobe, bathe, …
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