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Article • May 15, 2007
$3.5 Million Paid in Stabbing Death by Washington Parolee by Jeanne Baker filed a claim for damages in the stabbing death of her father, Stanley A. Stevenson, on August 24, 1997. Stevenson was stabbed on a Seattle street by Dan Van Ho, who was under the custody, control and/or supervision …
Article • May 15, 2007
$5,000 Paid in Washington Prisoner's Failure to Maintain Grounds Claim by Kathryn A. Kaiser, a prisoner at the Washington Correction Center for Women, used a water spigot to wash her hands. When she stepped back from the spigot, which was between the dining hall and sweat lodge, the ground under …
Article • May 15, 2007
$7,000 Paid in Washington Prisoner's Legal Mail Withholding Claim by In October 1993, Robert D. Wrinkle was a prisoner at Washington's Clallam Bay Correction Center. Wrinkle received via legal mail a videotape of jury selection in his criminal trial, which was needed to complete a supplemental brief. Wrinkle was never …
$9,500 Paid in Washington DOC Employee's Whistleblower Suit by William C. Dalton, a nurse at Washington's McNeil Island Correctional Center, repeatedly raised issues regarding deficiencies in equipment, protocol and staffing at MICC. In July 1996, Dalton was instructed to participate in chemotherapy for a patient/prisoner at MICC. Dalton became concerned …
Article • May 15, 2007
$10,000 Florida Jury Award for Injunction and Confinement by False Claim by On June 10, 2002, a Florida jury awarded a man $10,000 against his ex-wife for 191 days of imprisonment caused by her false accusations. Caryl and Marilyn Brown were being divorced in 1988. She falsely claimed he made …
Article • May 15, 2007
$10,000 Paid for Failure to Perform Washington Prisoner's Surgery by Washington Prisoner Austin Mora-Gonzales sued officials of the Washington Department of Corrections for failing to perform their duty to provide him with surgery or ameliorate the pre-existing spinal condition he had. On October 10, 2002, the WDOC settled the suit …
Article • May 15, 2007
New Jersey Prisoner Denied Right to Artificially Inseminate Wife by The Superior Court of New Jersey, Appellate Division, held that a state prisoner had no constitutionally protected right to artificially inseminate his wife. Robert G. Percy, a 45-year-old prisoner sentenced in 1985 to 30 years to life for homicide, sought …
Article • May 15, 2007
No Qualified Immunity for Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that …
Article • May 15, 2007
Parole Board May Revoke Parole on Subsequent Drug Test if Positive by The Colorado appellate and Supreme Court agreed that parolees may have their parole revoked only on subsequent, positive drug tests. Former Colorado prisoner Alexander Whidden was released on mandatory parole on October 24, 2000. As part of his …
Article • May 15, 2007
No Brady Violation in Prison Disciplinary Hearing; Videotape Inconclusive by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Northern District of Indiana, denied habeas corpus relief to a state prisoner challenging a disciplinary hearing that revoked his good-time credits, where the prisoner alleged that prison officials …
Article • May 15, 2007
Parolees' Claims for Sexual Assault Dismissed as Untimely by The U.S. Tenth Circuit Court of Appeals affirmed a Colorado District Court's dismissal of claims against officials of the Colorado State Department of Corrections (CSDOC) charged with concealing information about sexual assaults by a halfway house director. Four Colorado parolees claimed …
Prison Warden Granted Qualified Immunity in Employee's Death by The U.S. Sixth Circuit Court of Appeals held that the U.S. District Court for the Eastern District of Michigan was correct in denying a prison warden's motion to dismiss a 42 U.S.C. §1983 complaint for failure to state a claim, but …
Article • May 15, 2007
Prisoner's Retaliation Claims Dismissed by The U.S. Ninth Circuit Court of Appeals has effectively ended the claims of Kevin Murphy, a prisoner at the Montana State Prison (MSP), who had alleged that MSP officials had violated his First Amendment rights by retaliating against him for writing a letter to a …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Prisoners Selected For Random Urinalysis Must Be Chosen Blindly by A U.S. District Court issued a preliminary injunction enjoining prison officials from selecting prisoners for random drug tests in a manner that revealed their identities to the selector. Four New York state prisoners brought an action challenging the constitutionality of …
Article • May 15, 2007
Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional by Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional On September 16, 2004, the U.S. Seventh Circuit Court of Appeals held that Indiana jail officials did not violate prisoners' constitutional rights by telling them to wash their hair …
South Dakota Prisoners' Dismissed Access to Courts Claims Partly Reversed by The U.S. Eighth Circuit Court of Appeals has partly reversed the dismissal of South Dakota prisoners' claims that the South Dakota Department of Corrections (SDDC) and officials of the South Dakota State Penitentiary (SDSP) engaged in policies and practices …
FTCA Judgment Facts Suit Against U.S. Bars Bivens Action Based on Same Facts by The Court of Appeals for the Tenth Circuit held that a judgment in a Federal Tort Claims Act (FTCA) suit against the United States bars a Bivens action based on the same conduct. A transsexual former …
Genuine Issues of Material Fact Preclude Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that summary judgment against a prisoner's §1983 claim was precluded by genuine issues of material fact. An Indiana state prisoner who was raped by other prisoners filed a §1983 action against …
Article • May 15, 2007
Holding Prisoner Past Release Date Violates Due Process by California Prisoner's Imprisonment Past Release Date Violates Due Process The Ninth Circuit held that a § 1983 suit filed by a former prisoner was the appropriate venue for Eighth Amendment and due process claims. Frank Haygood brought a civil rights action …
Careless Removal of Lead-Based Paint from Texas Prison States a Claim by The Texas 14th Court of Appeals at Houston reversed a trial court's dismissal of a prisoner's lawsuit which claimed injuries consequent to the careless removal of lead-based paint from an aging Texas state prison. Early in 2000, Howard …
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