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Article • May 15, 2011
Sanctions Against Prisoner for Alleged “Frivolous” Habeas Petition Improper, Tenth Circuit Decides by Sanctions imposed by an Oklahoma trial court on a state prisoner who filed a “frivolous” habeas petition were improper, the U.S. Court of Appeals for the Tenth Circuit held in an unpublished opinion. Alvin Parker is a …
WA DOC Employee’s Federal Maritime Claims Not Precluded by State Law by The Court of Appeals for the State of Washington, Division II, has reversed and remanded a Department of Corrections (DOC) employee’s federal maritime claim against the DOC. One day while Scott Maziar was riding the ferry home from …
Article • May 15, 2011
Fifth Circuit Affirms Judgment for Deputies in Excessive Force Suit by On October 28, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment for sheriff’s deputies accused of excessive force in the death of a prisoner. Debbie Loggins died while being transported to …
Article • May 15, 2011
$943,000 Settlement for Family of Man Who Died in Courtroom by The family of a man who died in 2001 from an asthma attack has settled a 42 U.S.C. §1983 suit for $943,000. Robert L. Waters, Jr. collapsed in the well of D.C. Superior Court Judge Tim Murphy’s courtroom on …
$27.4 Million Award in Liberty Interest and Deceit Claim Causing Incarceration by A South Dakota jury awarded an insurance salesman who was convicted of mail fraud $27.4 million in a lawsuit that alleged deceit and breach of fiduciary duty, causing his incarceration. Eugene Kent began selling health insurance in 1990 …
Article • May 15, 2011
Arrested Anti-Arpaio Agenda Protestors Settle for $500,000 by On July 8, 2010, a group of seven activists who were arrested or cited by the Maricopa County Sheriff's Office (MCSO) settled their individual suits for wrongful arrest and malicious prosecution for a total of $500,000. The arrests and citations occurred during …
Article • May 15, 2011
Dismissal for Failure to Exhaust Reversed by On October 21, 2009, the Court of Appeals of Tennessee vacated a trial court’s dismissal of a prisoner’s suit for failure to exhaust administrative remedies. Gregory Potter sought 42 U.S.C. §1983 relief for an access to courts violation. Potter did not name the …
Article • May 15, 2011
California Court Holds Subpoenas Ineffective If Factual Basis for Materiality Lacking in Civil Commitment Hearing by Following transfers from the California Supreme Court, the Fourth Appellate District (Div. 3) granted five petitions for writs of prohibition/mandate (consolidated into a single case), finding that the contested subpoenas duces tecum issued by …
Article • May 15, 2011
L.A. County $220,000 settlement In Traffic Collision Involving Sheriff's Deputies by L.A. County $220,000 Settlement In Traffic Collision Involving Sheriff's Deputies On September 23, 2009, the Office of County Council for the County of Los Angeles submitted a County Claims Board recommendation to the county's Board of Supervisors to settle …
Article • May 15, 2011
Mistaken Release Still Escape If You Do Not Turn Yourself In by The federal escape statute applies to prisoners who fail to turn themselves in after being mistakenly released, the U.S. Court of Appeals for the Eleventh Circuit decided December 27, 2010. Lonzell Gowdy was mistakenly released by Alabama prison …
Mohave County, Arizona Appointed Counsel Selection System Unconstitutional by On April 3, 1984, the Supreme Court of Arizona held that the system of selecting and compensating appointed counsel in Mohave County, Arizona, violated the constitutional rights to due process and counsel. Joe. U. Smith was convicted of burglary, sexual assault …
Article • May 15, 2011
New York Prisoner Awarded $316.93 for Lost Property by A New York Court of Claims awarded a prisoner $316.63 for the loss of his property by prison officials. Acting pro se in the bailment claim, prisoner James Towner claimed that when his property was received from Marcy Correctional Facility at …
Article • May 15, 2011
No Right to Washington Sex Offender Treatment Program Records in Public Records Case by The Washington State Court of Appeals has affirmed a trial court’s order that rejected Monroe Correctional Facility prisoner Ronnie Hick’s claim against the Department of Corrections (DOC) for violations of the Public Records Act (PRA). Hicks …
Article • May 15, 2011
No Sovereign immunity for City or Police Officer in Vehicle Collision with Pedestrian by Brandon Sample Brandon Sample The Ohio Court of Appeals for the Ninth District has affirmed a lower court’s denial of summary judgment for the City of Cuyahoga Falls and one of its police officers. Timothy Brown …
Article • May 15, 2011
“Noble Motive” No Excuse For Revealing Classified Gitmo Prisoner Information by On July 15, 2010, the United States Court of Appeals for the Armed Forces (USCOAAF) held that excluding evidence about a Navy Deputy Staff Judge Advocate's reasons for revealing classified information about prisoners being held at the military prison …
Michigan Jail Nurse Denied Qualified Immunity in Detainee Death Case by Mark Wilson By Mark Wilson The Sixth Circuit affirmed the denial of a Michigan jail nurse’s motion for summary judgment on qualified immunity ground related to a prisoner’s death from untreated alcohol withdrawal. On March 1, 2004, Larry Bertl …
Article • May 15, 2011
One-legged man forced to climb into top bunk wins $1,000 by On September 27, 2009, the District of Columbia agreed to pay $1,000 to a disabled man who was injured after being forced to climb into a top bunk. William Mercer sued the District after falling twice while attempting to …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Article • May 15, 2011
Pennsylvania Prisoners’ Civil Rights Action Against TV Reality Stars Dismissed as Frivolous by By David M. Ruetter The Third Circuit Court of Appeals has affirmed the dismissal of a Pennsylvania prisoner lawsuit alleging violations under 42 U.S.C. §1983 and state law claims of intentional infliction of emotional distress and negligent …
Article • May 15, 2011
PLRA Does Not Preempt State Exhaustion Statutes by Brandon Sample By: Brandon Sample The Prison Litigation Reform Act (PLRA) exhaustion of administrative remedies requirements do not preempt Tennessee’s more generous exhaustion statute, The Court of Appeals of Tennessee decided February 11, 2002. PLRA requires prisoners to properly exhaust their administrative …
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