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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 …
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 …
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