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$1.35 Million Settlement in Fatal California Police Shooting by California’s Alameda County has settled a federal civil rights lawsuit that claimed police were liable for killing a bystander to a confrontation with police for $1.35 million. Officers David Taylor and Tara Russell responded to a Dublin house on August 11, …
Article • April 15, 2009
Eighth Circuit Reverses Dismissal of Due Process Challenge to Continued Confinement in Administrative Segregation by On May 12, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment for Arkansas Department of Corrections (ADC) officials alleged to have denied a prisoner due process by …
Article • April 15, 2009
Fifth Circuit Rejects Petition for Writ of Mandamus Filed by Crime Victims by On May 7, 2008, the U.S. Court of Appeals for the Fifth Circuit denied a petition for a writ of mandamus filed by crime victims seeking to block the acceptance of a plea agreement. Family members of …
Article • April 15, 2009
Fifth Circuit Upholds Denial of Exercise for Year, Rejects Due Process Challenge to Placement in Lockdown by On March 28, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment to the Texas Department of Criminal Justice (TDCJ) in a suit alleging the denial …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
Article • April 15, 2009
Judge Excludes Evidence of Criminal Conduct in Prisoner Civil Rights Action by U.S. District Judge John E. Steele has granted a motion in limine in a civil rights action over the adequacy of medical care provided to a prisoner whose baby died at birth. Michelle Goebert sought to exclude evidence …
California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John Dannenberg California Juvenile Parolees Entitled to Two-Step Revocation Process; Case Settles by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the …
Colorado: When Suing Private Prison under Common Law Tort, Exhaustion of Administrative Remedies Not Required by Colorado: When Suing Private Prison under Common Law Tort, Exhaustion of Administrative Remedies Not Required The Colorado Court of Appeals held that prisoners in a private for-profit prison could sue the prison company, in …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA by Missouri Prisoner Wins $25,000 in Police Excessive Force Case; Attorney Fees Limited to $37,500 by PLRA The U.S. District Court for the Eastern District of Missouri, following the Prison Litigation Reform Act (PLRA), …
$3.1 Million Awarded to FBI Informant's Family by On October 16, 2008, the First Circuit U.S. Court of Appeals affirmed the September 2006 findings of the U.S. District Court for Massachusetts in awarding approximately $3.1 million to the estate of an FBI informant, John McEntyre, who was murdered after the …
$4,000,000 Award Against LA County Sheriff for Wrongful Death Shooting by On November 20, 2002, Robert Mitchell, a black man recently released from prison, was shot dead by LA County Deputy Rick Manes after being mistakenly identified as a burglar. Although directly contradicted by several eyewitness accounts, Manes asserted the …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Article • April 15, 2009
$79,000 Settlement in Washington State Excessive Force/Unlawful Arrest Suit by On March 25, 2008, the City of Bremerton, Washington, and Bremerton Police Officer William Cook settled an unlawful arrest and excessive force lawsuit for $79,000. Cook arrested Melissa Scott, a U.S. government employee, for littering after she refused to obey …
$155,751 Award Against California Youthful Offender Parole Board Upheld by A California court of appeals upheld a jury award of $9,046.00 and $146,705.00 in attorney fees to a former California Youthful Offender Parole Board (YOPB) employee. Lisa Steele, a former clerk at the YOPB, filed suit in California superior court …
Article • April 15, 2009
Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …
Article • April 15, 2009
Alaska Pays $575,000 in Excessive Force Case by $575,000 Settlement in Alaska Prisoner Abuse Alaska prisoner Kevin Patrick brought suit against the state and State Trooper Eric Spitzer after allegedly being Tasered seven times while handcuffed in December 2002. Troopers believed that Patrick had attacked a village policeman with a …
Article • April 15, 2009
California Supreme Court Holds Records of Illegal Search Exempt from Disclosure Under Public Records Act by In July 1999, Elgin Haynie was pulled over by Los Angeles County Deputy Sheriff David Mertens because Haynie's vehicle matched the description of one reported minutes earlier through 911. After searching the van and …
Brief • March 26, 2009
Prison Legal News v Lappin, DC, Memo Opinion, BOP public records, 2009. Case 1:05-cv-01812-RBW Document 61 Filed 03/26/2009 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) HARLEY …
Brief • March 26, 2009
Prison Legal News v Lappin, DC, Order, BOP public records, 2009 Case 1:05-cv-01812-RBW Document 60 Filed 03/26/2009 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) PRISON LEGAL NEWS, ) ) Plaintiff, ) ) v. ) Civil Action No. 05-1812 (RBW) ) HARLEY G. …
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