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$62,000 Paid In WA DOC Employee's Race/Gender Discrimination Suit by Dorothy J. Sanders, an employee of the Washington Corrections Center in Shelton, filed suit in the U.S. District Court, Western District of Washington, alleging that in 1997 she was forced to work in a hostile environment due to her race …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
CCA Settles Wrongful Death Suit in Texas For $60,000 by In 1998, Corrections Corporation of America (CCA) paid $60,000 to settle a lawsuit filed by the father of a prisoner who died from a drug overdose at a CCA-operated prison. Hugh Wayne Martin, a Texas state prisoner, was transferred to …
Article • May 15, 2007
WA Restitution Statue Amendments Retroactive by The Washington Supreme Court reversed a Superior Court's order that held the 1994 and 1997 amendments to RCW 9.94A.142 violate ex post facto as applied; to defendant convicted of 16 Counts of arson in 1986 Pursuant to the amendments the State moved the Superior …
WA Prisoner Gets Major Infraction Dismissed After Filing PRP by Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint Petition (PRP), in the Washington Court of Appeals, Division I, claiming that his due process rights were violated at a major infraction hearing, for an infraction he received while at …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Silence can Constitute "Waiver" of Witness at Disciplinary Hearings by Silence can Constitute "Waiver" of Witness at Disciplinary Hearings The Second Circuit Court of Appeals held a prisoner's failure to request a witness testify at disciplinary hearing after the hearing officer asked if the hearing should go in any other …
Article • May 15, 2007
Filed under: Attorneys, Public Defenders
Public Defender not Actor Under Color of State Law for Withdrawing from Appeal by The U.S. Supreme Court held a public defender cannot be held liable under 42 U.S.C §1983 for moving to withdraw from a criminal defendant's appeal on the grounds the defendant's appeal and claims are frivolous. An …
Article • May 15, 2007
Filed under: Civil Procedure, Damages, Costs
Costs Improperly Denied to Prevailing Prisoner by In an unpublished opinion, the court of appeals for the Sixth circuit held that a district court had improperly denied Costs to a pro se prisoner who won his case, at a jury trial. William Walker, a Michigan state prisoner, filed suit alleging …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Article • May 15, 2007
Political-Party Discrimination Rampant in Puerto Rico; Damage Award Upheld by In 2000, Mirla Rodriguez-Marin (Marin) and Ana Escobar-Pabon (Pabon) were high-ranking officers in Puerto Rico's Administration of Corrections (AOC). Both were members of the New Progressive Party (NPP). That year's incumbent Governor was a member of the Popular Democratic Party …
Article • May 15, 2007
SD Conviction for Spitting on Prison Guard Affirmed by Brian Schouten, a state prisoner, spat on a guard at the South Dakota State Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for the spitting incident, without being allowed to present evidence of his diminished capacity. On …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Article • May 15, 2007
L.A. County Probation Department Employee Awarded $95,000 for Discriminatory Forced Retirement by by John E. Dannenberg A 39-year veteran employee of the County of Los Angeles' (L.A.) Probation Department, in failing health, was constructively forced to retire by a job transfer that he alleged was intended to harass him because …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
South Dakota Juvenile Detention Center's Blanket Strip Search Policy Unconstitutional by A South Dakota federal district court has held that the strip-searching of juveniles held for minor offenses violates the Fourth Amendment and denied the defendants qualified immunity. This class action suit was brought to challenge institution policies at South …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Michigan Doctor's Termination of Prisoner's Suicide Watch Upheld by On March 2, 1995, Billy Montgomery was on suicide watch in a Michigan prison. He was interviewed by Norris McCrary, a prison psychologist, who, without reviewing his file, found that Montgomery no longer needed to be on suicide watch. McCrary had …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
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