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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 …
Connecticut Settles Mental Health Suit by On May 22, 1995, the state of Connecticut agreed to settle a lawsuit challenging the quality of mental health care it provides to its prisoners. Edward Roe and class of other prisoners sued Connecticut prison officials alleging that the mental health services provided by …
Court Denies Michigan Prison Officials Summary Judgment In Discrimination Suit by David M. Lawson, U.S. District Judge, has denied summary judgment to Michigan prison officials in a suit alleging racial discrimination in the termination of a visit by an interracial couple. Gordon Butter, a black prisoner in the Michigan Department …
Court Halts Missouri Physician-Overseen Lethal Injection Execution; Blows Doctor’s Cover by A “secret” Missouri surgeon who has supervised 54 prisoner executions had his cover pulled and suffered immediate peer criticism, court restriction, and a media barrage. In tension were the Hippocratic Oath of doctors to sustain the life of their …
Article • April 15, 2009
Court Orders California Prison Officials to produce Document In Response To Discovery Request by U.S. Magistrate Judge G. Hollows has ordered prison officials in a suit alleging inadequate medical care to turn over various documents not provided in response to requests for discovery. Victor Carrasquillo, a California state prisoner, filed …
Article • April 15, 2009
Dismissal of Suit Alleging Sexual Abuse Affirmed on Statue of Limitation Grounds by On June 10, 2008, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a suit alleging sexual abuse by a guard on statute of limitations grounds. Jill Coit, a Colorado prisoner, sued Joseph …
Article • April 15, 2009
Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …
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