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BEYOND THE HERO JUDGE: INSTITUTIONAL REFORM LITIGATION AS LITIGATION by Margo Schlanger 97 Mich. L. Rev. 1994 (May 1999) Margo Schlanger* Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons. By Malcolm M. Feeley(1) and Edward L. Rubin.(2) New York: Cambridge University Press. 1998. Pp. xv, …
1980s Settlement Agreement Heads to Improved Conditions in Nevada Prisons by The state of Nevada has agreed to a comprehensive settlement agreement that will improve conditions at all Nevada prisons. Billy Shapley and other Nevada state prisoners filed a class action suit against Nevada prison officials alleging that their First, …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
Washington DOC Pays $2.2 Million to Settle Inadequate Supervision Claim Resulting in Death by The Washington State Department of Corrections (WDOC) agreed to pay $2.2 million to the family of a man who was brutally beaten by a probationer. The lawsuit claimed WDOC was liable for wrongful death because it …
Article • April 15, 2009
County Pays $500,000 for Negligent Supervision of Probationer by Washington’s Whatcom County has settled a claim that it was negligent in failing to monitor the actions of a probationer for $500,000. The lawsuit was brought by the parents of Michael C. Busby, Jr., 8, who was killed by the probationer. …
New Jersey Prison Officials Denied Summary Judgment In ADA Action by U.S. District Judge Jerome B. Simandle has denied summary judgment to New Jersey prison officials alleged to have violated the Americans with Disabilities Act (ADA). Eddie Williams, a New Jersey prisoner, sued prison officials alleging that he was denied …
Article • April 15, 2009
Filed under: Civil Procedure, Service
Second Circuit Reverses Fed.R.Civ.P. 4(m) Dismissal for Non-Service by The Second Circuit Court of Appeals reversed a lower court’s Fed.R.Civ.P. 4(m) dismissal due to the plaintiff’s failure to serve the defendant within 120 days of filing his complaint. The appellate court found the record was unclear as to whether the …
Article • April 15, 2009
California Sexual Predators Have Right to Testify at Civil Commitment Hearings by The Supreme Court of California has held that a defendant in a sexually violent predator proceeding does have California and federal constitutional rights to testify over counsel’s objection, but that refusing to allow the testimony is a harmless …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Guards Presence Not Necessary During Deposition in Georgia by A Georgia federal district court has held that refusal to participate in a deposition is not sufficient to warrant dismissal. This case was filed by prisoner Stanley Farley for a retaliatory beating by guards at Georgia State Prison. He was beaten …
Article • April 15, 2009
BOP Agrees To Provide Prisoner with BOPDOCS Disc by On August 24, 2007, the Bureau of Prisons (BOP) settled a portion of a lawsuit brought under the Freedom of Information Act (FOIA) by a federal prisoner for a copy of its BOPDOCS disc. Brandon Sample, a federal prisoner and PLN …
Court Orders Disclosure of Medical Records; Reverses Itself Next Day by U.S. District Judge Gary L. Sharpe ordered the release of medical records of 30 prisoners to class counsel in a civil rights action challenging the adequacy of care provided to HIV positive New York prisoners after the prisoners objected …
Article • April 15, 2009
Connecticut Deaf Couple Receive $50,000 to Settle Pepper Spray, Excessive Force Claim by A Connecticut police department settled an excessive force claim for $50,000. This civil rights action was brought by a deaf couple who were pepper sprayed by two police officers during a domestic dispute. The couple was hearing …
Article • April 15, 2009
Elderly Couple Awarded $345,000 for Excessive Force During Arrest by A jury in Missouri’s Jackson County Circuit Court has awarded an elderly couple $345,000 on a claim that Kansas City police used excessive force to arrest them. The jury only took three hours to render its May 9, 2008 verdict. …
FTCA Claim Fails for Acts Committed Outside Scope of Actor’s Employment by The Eighth Circuit Court of Appeals has affirmed the dismissal of a claim brought under the Federal Tort Claims Act (FTCA), holding the action could not proceed for lack of subject matter jurisdiction because the Bureau of Indian …
Article • April 15, 2009
Homeless Michigan Man Nets $20,000 for Outrage Claim Stemming from Pepper Spray Arrest by A federal jury in Michigan awarded a mentally ill homeless man $20,000 for outrage claims involving two Mt. Clemens police officers pepper spraying him during an arrest. The arrest occurred on June 27, 2002, after Officers …
Los Angeles County Pays $850,000 in Shooting Death of Suspect by The County of Los Angeles agreed to settle for $850,000 a lawsuit that alleged police used excessive force in killing a man after a pursuit. The County denies that police acted improperly, but entered into the settlement to avoid …
Minnesota Woman Receives $310,000 for Rape by Deputy by A Minnesota woman who was raped by a Cass County Sheriff’s deputy has received $310,000 in settlements and jury verdicts. Wanda Jones was arrested on December 31, 2001 for probation violations after she became drunk at the American Legion in Walker, …
Article • April 15, 2009
New Jersey County Settled Guards Free Speech/Union Busting Suit for $240,000 by New Jersey’s Morris County has settled a series of lawsuits that claimed jail officials violated guards’ rights to free speech and union activities. The settlement pays $240,000 but the majority of that is to pay the plaintiffs’ attorney …
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