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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. …
Brief • March 20, 2009
Gilman v. Ramsey County, MN, Motion, Privacy Public Records Disclosure, 2009 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA THIRD DIVISION __________________________________________________________________ Elizabeth Raasch-Gilman, Case No. 09 CV 594 ADM/JJG Plaintiff, PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO REMAND FOR LACK OF SUBJECT MATTER Ramsey County, JURISDICTION, TO CERTIFY …
Article • March 15, 2009 • from PLN March, 2009
Hawaii Prisoner Awarded $15,000.50 for Slip and Fall by Hawaii Prisoner Awarded $15,000.50 for Slip and Fall A Hawaiian prisoner has been awarded $15,000.50 for a slip and fall that occurred in a prison kitchen. A related claim for damages for a slip and fall that occurred near a shower …
Audit Faults New York Prison Oversight by Mark Wilson The New York State Commission of Correction (SCOC) is failing to fulfill its prison and jail oversight duties, according to an audit released on August 25, 2008 by the State Comptroller. SCOC is responsible for overseeing New York’s 69 adult prisons, …
Article • March 15, 2009 • from PLN March, 2009
$295,000 Award to Wisconsin Prisoner in Moldy Mattress Case Reduced by Court by On September 17, 2008, a Wisconsin federal jury awarded a prisoner $295,000 for violation of his constitutional rights. Specifically, the jury found that state prisoner Reggie Townsend was “denied the minimal civilized measure of life’s necessities.” After …
District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams District of Columbia Rehabilitation Program Contractor Liable in Juvenile’s Death; $1,000,000 Verdict Upheld by Bob Williams Re-Direct, Inc., a company that provides services for juveniles for the District of Columbia, appealed the denial of …
Article • March 15, 2009
Oxford Federal Facility Sticks Company For Two Thirds Of Recycling Bill by Wisconsin state recycling company, Bickford, Inc., filed suit in 1997 against the Federal Correctional Institution (FCI) in Oxford for the non payment of a $1,800 invoice for the disposal of lighting ballasts. The suit settled for $660 in …
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