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Article • May 15, 2011
Ninth Circuit: Prejudgment Qualified Immunity Appeal Mooted By Trial on Merits by In a per curiam opinion, the Ninth Circuit dismissed as moot defendant A. Curtis Wright’s pretrial appeal of the district court’s denial of his motion for summary judgment on the ground of qualified immunity, reasoning that, since the …
Article • May 15, 2011
Prisoner's Conviction in Lucasville Prison Riot Confirmed by Ohio’s Tenth District Court of Appeals affirmed the denial of a new trial motion filed by a prisoner convicted of two murders that occurred during the 1993 Lucasville prisoner riot. A jury convicted prisoner Timothy Grinnell of two counts of aggravated murder …
Article • May 15, 2011
Raid of Wrong House Results in $300,000 Judgment Against United States by Brandon Sample By Brandon Sample A federal judge has awarded $300,000 to a woman whose house was wrongfully raided by agents from the ATF. On February 25, 2004, agents from the ATF executed a search warrant at Lillian …
Article • May 15, 2011
Transferred Prisoners Subject to Receiving State’s Confinement Conditions Under Interstate Compact Rule by David Reutter By David M. Ruetter A Vermont state court has held that a prisoner transferred under the Interstate Corrections Compact (ICC) is subject to the confinement conditions of the receiving state, and the sending state has …
Article • May 15, 2011
Eight Circuit: Random Search of Guards' Cars May Violate Fourth Amendment by On July 9, 2010, the Eighth Circuit court of appeals held that randomly searching guards' cars parked in a prison parking lot to which prisoners have no unsupervised access may violate the Fourth Amendment. Brian True, a former …
Article • May 15, 2011
Fall From Top Bunk Results in $5,500 Settlement for D.C. Jail Prisoner by On March 16, 2007, the District of Columbia agreed to pay $5,500 to a man who fell from his bunk while at the D.C. Jail. Vernal Gabriel sued the District in 2004 after he fell while attempting …
Fifth Circuit Reverses Pre-Filing Injunction; No Notice or Hearing Given by The U.S. Circuit Court of Appeals for the Fifth Circuit has reversed a district court’s injunction prohibiting a prisoner from filing suit without first obtaining court permission. Nasir Qureshi was enjoined by U.S. District Judge Lynn Hughes from filing …
Fourth Circuit: Most Police Records in DNA Exoneration Case Are Public by On October 1, 2004, the Fourth Circuit court of appeals decided that most of the sealed documents in a lawsuit involving the DNA exoneration of a man convicted of a rape-murder should be available to the public. Earl …
Article • May 15, 2011
Judge Denies Attorney’s Fees to Prevailing Defendant by U.S. Magistrate Judge John A. Gorman has denied a request for attorney’s fees and sanctions against a plaintiff who brought an unsuccessful civil rights action. Defendant Advanced Correctional Healthcare Inc. had argued that it was entitled to attorney’s fees because the plaintiff’s …
Article • May 15, 2011
Maricopa County Settles Fatal Denial of Prisoner Medical Care Suit for $200,000 by On September 16, 2004, Maricopa County, Arizona settled for $200,000 a lawsuit involving the death of a county jail prisoner due to denial of medical dare and medical neglect. On March 16, 2002, Louella Stevens was booked …
Article • May 15, 2011
Maricopa County Settles Prisoner Suicide Case for $575,000 by On October 12, 2007, Maricopa County, Arizona settled for $575,000 a lawsuit brought by survivors of a prisoner who committed suicide at the Maricopa County Jail. Stephan Cervantes was booked into the Maricopa County's Madison Street Jail on May 4, 2002. …
Article • May 15, 2011
Maricopa County Settles Prisoner's Brain Injury Suit for $4 Million by In August 2005, Maricopa County, Arizona, settled for $4 million a lawsuit brought by the representative of a former Maricopa County Jail prisoner who received permanent debilitating brain injury after being beaten by another prisoner. On September 20, 2001, …
Article • May 15, 2011
Metadata is a Public Record, Washington Supreme Court Holds by The Washington State Supreme Court has held that Metadata is a public record that must be disclosed under the Public Records Act (PRA). This case raised a question of first impression for the Court. Metadata is “information describing the history, …
Article • May 15, 2011
Missouri Jail Not Liable for Injuries From Fire by The Eighth Circuit Court of Appeals has affirmed the grant of summary judgment to jail officials in a civil rights action alleging the defendants failed to ensure a pretrial detainee’s safety after a fire broke out at the Oregon County Jail …
Article • May 15, 2011
Second Circuit Orders District Court to Decided Vote Dilution Case by On June 1, 2006, the Second Circuit court of appeals remanded a case challenging the legality of the New York felon disenfranchisement laws (FDL), New York Constitution, Art. II, § 3 and New York Election Law § 5-106. This …
Article • May 15, 2011
Filed under: Mail, Legal Mail
Sixth Circuit Affirms Dismissal of Michigan Legal Mail Case by Mark Wilson The Sixth circuit court of appeals affirmed a lower court’s sua spente dismissal of a Michigan prisoner’s suit against a guard for reading his legal mail two times and issuing him a misconduct report. Michigan prisoner Aubrey Stanley …
Article • May 15, 2011
Sixth Circuit Affirms Summary Judgment for Guard Accused of Excessive Force over Use of “Leg Sweep” by The U.S. Court of Appeals for the Sixth Circuit has affirmed a grant of summary judgment for a guard accused of excessive force against a prisoner. Trudy Griffen became disruptive during the booking …
Article • May 15, 2011
Sixth Circuit Orders Ruling On Unsealing of Sealed Criminal Case by On February 5, 2009, the Sixth Circuit ordered a district court to rule on a crime victim's motion to unseal a sealed criminal case. The criminal case was sealed on August 28, 2008. The victim, filed a motion to …
Article • May 15, 2011
Strip Search of Teen During Jail Tour Results in $150K Settlement by On September 9, 2003, the District of Columbia agreed to pay $150,000 to settle a lawsuit surrounding the unlawful strip search of a teenager during a tour of the D.C. Jail. On December 22, 2000, Reuben Minor was …
Article • May 15, 2011
Tenth Circuit: Grievance Restrictions Don't Excuse Failure to Exhaust by On June 23, 2010, the Tenth Circuit court of appeals held that the fact that a prisoner was placed on grievance restriction did not excuse his failure to exhaust administrative remedies when he failed to avail himself of the restricted …
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