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Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
Article • July 15, 2011
California: Hospital Billings for Injured Victim Are Not Subject To Restitution Order by The California Court of Appeal held that the sentence of a perpetrator of elder abuse injuries could not be enhanced to include a restitution order to repay the medical billings from his victim's hospital provider. The court …
Article • July 15, 2011
TDCJ Driver at Fault in Traffic Collision by In a claim filed March 14, 2008, attorney Donald DeGrasse of DeGrasse & Rolnick of Houston, sought remuneration from TDCJ for a traffic accident caused by a TDCJ employee. Attorney DeGrasse represented Chubb Insurance Group, which was the insurer of the other …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
Article • July 15, 2011
Following Federal Court Practice, Florida State Courts Begin Secret Dockets by While court dockets and files are required to be open for public viewing under the U.S. Constitution, more and more courts are disregarding that provision and hiding selected case from the public’s view. In some cases, the matter totally …
Article • July 15, 2011
$7,500 Settlement for Excessive Force by Washington State’s King County Jail has paid $7,500 to settle the excessive force claim of Sean T. Tandberg. While at the Jail on May 20, 2002, Tandberg was taken to the “hole” by guard “Robles.” At the time, Tandberg was on crutches. Robles “threw” …
Article • July 15, 2011
Federal Magistrate Judge May Conduct Voir Dire without Defendant’s Personal Consent, Supreme Court Holds by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez …
Article • July 15, 2011
$11,000 Settlement Reached in Sacramento County Wrongful Arrest Suit by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging 4th and 14th Amendment civil rights violations, as well as penal and …
Article • July 15, 2011
TDCJ Blamed for Wrongful Death by On November 8, 2001, Attorney Bobby R. Taylor, with the Law Offices of Bobby R. Taylor in Austin, Texas, filed a civil action pursuant to 42 U.S.C. §§ 1981, 1983 and 1988 against a number of Texas Department of Criminal Justice (TDCJ) officials and …
Article • July 15, 2011
TDCJ Guards Accused of Attacking Handicapped Prisoner by On June 11, 2001, Texas prisoner Santiago Elizalde, Jr., filed a complaint under 42 U.S.C. §1983 against the Warden, an Ad. Seg. Major and two prison guards at the Telford Unit where he was housed. His complaint alleged the two guards attacked …
Article • July 15, 2011
TDCJ Guards Accused of Unprovoked Beating by On November 16, 2001, Texas prisoner Nigel Edwards filed a § 1983 civil action against David Campos and Ronnie Martinez, prison guards for the Texas Department of Criminal Justice. Edwards accused the guards of excessive force in an unprovoked attack upon him while …
Deficient Medical Care Leads to Preventable Death of Seattle, Washington Jail Prisoner by The State of Washington’s Medical Quality Assurance Commission (MQAC) has charged a former King County jail doctor with providing substandard care. According to a statement of charges filed on December 29, 2010, Dr. Anthony Rains engaged in …
Article • July 15, 2011 • from PLN July, 2011
In-Prison Filmmaker Prepares Next Release by David Reutter by David M. Reutter Compact video cameras smuggled into prison have allowed New Jersey prisoner Omar Broadway to become an amateur documentarian of life behind bars. His first video, taken inside a New Jersey state facility in 2004, has been turned into …
U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape by Matthew Clarke by Matt Clarke On June 18, 2010, the U.S. Department of Justice (DOJ) released a report on the estimated fiscal impact of the Prison Rape Elimination Act (PREA) standards that had been proposed by the …
Article • July 15, 2011 • from PLN July, 2011
Pennsylvania DOC Agrees to Comply with Clean Air Act at Four Prisons by David Reutter by David M. Reutter A settlement agreement to remedy violations of the federal Clean Air Act at four Pennsylvania state prisons was announced on January 4, 2011. The settlement between the Pennsylvania Department of Corrections …
Article • July 15, 2011 • from PLN July, 2011
Georgia: Child Support Contempt Findings Create Debtor’s Prisons by David Reutter by David M. Reutter The Great Recession has put millions of Americans out of work, which has caused more people than usual to become delinquent on their child support obligations and other debts. Many courts, especially those in Georgia …
Article • July 15, 2011 • from PLN July, 2011
Former Deputy Sheriff Gets LWOP for Murder of California Prison Guard by Former Sacramento County Sheriff’s Deputy Chu Vue, 45, was sentenced on November 30, 2010 to life in prison without the possibility of parole for his role in the October 2008 murder of 39-year-old California state prison guard Steve …
Article • July 15, 2011 • from PLN July, 2011
$16 Million Federal Jury Award in Texas Jail Beating Suit by Matthew Clarke by Matt Clarke On January 12, 2011, a federal jury in Beaumont, Texas found in favor of a former Jefferson County prisoner who was beaten by jail employees during the intake process. The jury awarded over $16 …
Article • July 15, 2011 • from PLN July, 2011
Florida Pre-Release Officer’s Federal Convictions Affirmed by In a January 13, 2011 ruling, the Eleventh Circuit Court of Appeals upheld the criminal convictions of Florida pre-trial release officer Shynita Townsend for taking bribes to allow a releasee greater freedom. The appellate court’s decision affirmed Townsend’s convictions for knowingly and corruptly …
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