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Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment by David Reutter Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment by David M. Reutter In a concurring opinion that affirmed the imposition of a “civil restitution” lien of $50 per day for a …
Ninth Circuit: County Contractor that Counsels Bad-Check Writers Not Entitled to State Sovereign Immunity from Suit by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has ruled that a private firm hired by a California county to run a diversion program for bad-check writers was …
Article • May 15, 2009 • from PLN May, 2009
Washington’s Top Prison Doctor Resigns Over Executions; Entire Execution Team Later Quits Following PLN Records Request by Mark Wilson Washington’s Top Prison Doctor Resigns Over Executions; Entire Execution Team Later Quits Following PLN Records Request by Mark Wilson Washington State death row prisoner Darold Ray Stenson was scheduled for execution …
State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matthew Clarke State Auditor: Texas Prisoners Face Retaliation for Airing Grievances by Matt Clarke In September 2008, the Texas State Auditor released a report on the investigation and resolution of complaints in the Texas Department of Criminal Justice (TDCJ). The …
Article • May 15, 2009 • from PLN May, 2009
$1 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by David Reutter $1 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by David M. Reutter A $1 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search …
Overdetained California Prisoner Wins $21,800 for False Imprisonment by John Dannenberg by John E. Dannenberg The California Court of Appeal upheld a Superior Court verdict of $21,800 against state prison officials in a lawsuit filed by a prisoner whose eventually-corrected good time credit earning rate resulted in his being released …
Article • May 15, 2009
First Circuit Holds $177,729.96 Award for Attorney Fees and Expenses Not Excessive by On April 24, 2008, five Massachusetts jail guards were awarded more than $17,000 in compensatory damages and over $175,000 in attorney's fees and expenses to be paid by Bristol County, Massa¬chusetts Sheriff Thomas Hodgson. Hodgson had accused …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …
Summary Judgment Denied For Arkansas Officials Accused of Excessive Force and Deliberate Indifference by Harry Barnes, U.S. District Judge, has denied summary judgment to a group of Arkansas officials accused of using excessive force and exhibiting deliberate indifference toward serious medical needs in the arrest of an individual. Harry Hill, …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
Article • May 15, 2009
Texas Court of Appeals: No Relief Compelling Court to Rule Absent Evidence Motion Was Brought to Court's Attention by On June 5, 2008, a Texas court of appeals held that a prisoner was not entitled to mandamus relief compelling a trial court to rule on a motion because he failed …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit: “Supervised Release” is Not “Imprisonment” by The Ninth Circuit U.S. Court of Appeals has held that with respect to 18 U.S.C. § 3624(e), being on supervised release in a state community pre-release center did not toll a state prisoner’s concurrent federal supervised release. Since the plaintiff had therefore …
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 …
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