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Bivens Action Unavailable Against Federal Private Prison Employees by The U.S. Court of Appeals for the Eleventh Circuit held that a federal prisoner incarcerated at a privately operated prison may not pursue a Bivens action against private prison employees for violating his Eighth Amendment rights. Luis Francisco Alba, a federal …
Article • May 15, 2009 • from PLN May, 2009
Court Rejects Federal Prisoner Worker’s Claim of Copyright Infringement by Court Rejects Federal Prisoner Worker’s Claim of Copyright Infringement The U.S. Court of Federal Claims dismissed a prisoner’s copyright infringement suit for lack of jurisdiction; the dismissal was upheld on appeal. Robert J. Walton, a federal prisoner, sued the United …
Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit by Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit The Ninth Circuit U.S. Court of Appeals ruled that a prisoner’s lawsuit against the Los Angeles County …
Article • May 15, 2009
Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections officials in that State failed to release him for almost 60 days after his court-ordered release. Convicted of theft in St. Louis …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Article • May 15, 2009
Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
Article • May 15, 2009
Filed under: Organizing, Voting, Mandamus
14th Amendment Does not Limit Disenfranchisement to Only Felonies by California’s First District Court of Appeals has denied a petition that sought a mandate stating disenfranchisement is limited to only felonies at common law. The petition was based on section 3 of the Fourteenth Amendment of the United States Constitution, …
Article • May 15, 2009
A Final Frontier in Prisoner Litigation: Does Bivens Extend to Employees of Private Prisons Who Violate the Constitution? by Matthew Tikonoff A Final Frontier in Prisoner Litigation Does Bivens Extend to Employees of Private Prisons Who Violate the Constitution? By: Matthew W. Tikonoff Suffolk University Law Review - Volume 40, …
Article • May 15, 2009
Writ of Mandate Granted in Child Custody Dispute by In October 2007, Orange County Social Services Agency (SSA), in California, took custody of a woman's two-year-old son following her incarceration for allegedly having sex with a minor. In January 2008, the Court ordered the SSA to prepare a case plan …
Youth Club Volunteer Wins $269,000 Judgment Against Seattle Police Officer; Court Orders $147,164 in Attorney’s Fees by In May 2008, Romelle Bradford, a youth club volunteer in Seattle, Washington, was awarded $269,000 by a federal jury for civil rights violations perpetrated by Seattle Police officer Jacob Briskey. Bradford, the 2003 …
$1.25 Million Awarded to Cop for Sex Discrimination, Retaliation by On April 22, 2008, the Second Appellate District of the California Court of Appeal upheld a $1.25 million judgment for a City of Whittier police officer on retaliation and sex discrimination claims. Gina Zanone sued the City of Whittier for …
$15,000,000 Verdict for LA Police Officers Upheld by On July 14, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a $15,000,000 verdict for three LA police officers who suffered civil rights violations related to an improper and negligent investigation into the officers’ alleged illegal conduct. Paul Harper, …
Article • May 15, 2009
$25,000,000 Consent Judgment Entered Against Murderer by Caitlan Atwater, the daughter of a woman murdered by her husband, has obtained a $25,000,000 consent judgment. Atwater sued Michael Peterson after Kathleen Peterson, Atwater’s daughter from another marriage, was beaten to death by Peterson. The parties agreed to a consent judgment of …
$45,000 Awarded to Muslim Woman Forced to Remove Headscarf at California Jail by On October 8, 2008, the County of San Bernadino and Sheriff Gary Penrod agreed to settle a lawsuit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the First Amendment. Jameelah …
$300,000 for Family of Prisoner who Bled to Death Waiting on Ambulance by The County of San Bernardino has settled a lawsuit brought by the estate of a woman who bled to death due to an undiagnosed pregnancy condition while waiting on an ambulance. Luan Morales started hemorrhaging while at …
$500,000 Awarded to Family of Parolee Mistakenly Shot and Killed by Live Ammunition by On November 9, 2004, the City of Redondo Beach was ordered to pay $500,000 to the family of a California parolee who was killed by police after being mistakenly shot by live ammunition instead of “bean …
Brief • May 13, 2009
Prison Legal News v. PA DOC, PA Complaint, public records, 2009
Article • April 15, 2009
Jail Strip-Search Cases: Patterns and Participants by Margo Schlanger Cited: 71 Law & Contemp. Probs. 65 [*pg 65] JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS By Margo Schlanger* I. INTRODUCTION II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY A. Case Category Features B. Participants IV. CONCLUSION …
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