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Article • April 15, 2011
Appeal for Summary Judgment Upheld for Qualified Immunity by The Eleventh Circuit Court of Appeals upheld a Georgia Federal District Court’s order granting dismissal of a lawsuit alleging use of excessive force on a prisoner. On January 28, 2007, Reginald Fennell was arrested for several misdemeanor charges. As he was …
Florida Department of Corrections and Wackenhut Corrections Corporation Paid $35,000 Settlement in Discrimination Lawsuit by Wackenhut Corrections Corporation and the Florida Department of Corrections (FDOC) paid $35,000 to settle a discrimination and retaliatory practices lawsuit. In his civil complaint, ex-FDOC senior psychologist Majid A. Shams, who is of Iranian descent, …
Article • April 15, 2011
New York Supreme Court Denies Challenge to the Voluntariness of Plea by The Supreme Court of New York, Appellate Division, denied a prisoner’s challenge of the voluntariness of his plea agreement despite waiving his right to appeal. Claudio Nunez was charged in Sullivan County with aggravated harassment of a guard …
Article • April 15, 2011
GEO Group Car Accident Settlement by The GEO Group Inc. paid $20,000 to settle a car accident suit with injuries. In his complaint, plaintiff Keven Freeze claimed on May 1, 2006, that Harold Eades, an employee of the GEO Group, was operating a motor vehicle in a reckless manner causing …
Article • April 15, 2011
Summary Judgment Denied in an Unconstitutional Strip Search by A Pennsylvania Federal District Court denied defendant’s summary judgment in a lawsuit alleging an unconstitutional strip search that violated a prisoner’s Fourth Amendment rights. Upon being booked into the Chester County Jail on September 13, 2007 for DUI and other traffic …
Summary Judgment Granted to a County Sheriff for a Civil Detainees Civil Violation by A California Federal District Court granted defendant’s motion for summary judgment in a lawsuit alleging violation of a civil detainee’s Fourth Amendment rights. Civil detainee John T. Sundquist was at the Atascadero State Hospital under the …
Wackenhut Corrections Corporation Paid $29,900 to Settle Sexual Harassment Lawsuit by Wackenhut Corrections Corporation paid $29,900 to settle a lawsuit claiming sexual harassment. In her complaint, Marsha Senatti claims fellow Wackenhut employee Lee Jackson did unlawfully touch, in a sexual manner, her private parts and genitalia, including “rubbing his penis …
Article • April 15, 2011
Wackenhut Pays $32,500 in Negligence Lawsuit by Wackenhut Corrections Corporation paid $32,500 to settle a negligence lawsuit filed by Florida prisoner Michael Wyzykowski. In his complain, Wyzykowski claimed he was ordered to cut “maiden cane” with a weed whacker that was altered by Wackenhut guards, replacing the original head and …
Article • April 15, 2011
Wackenhut Settles Wrongful Death Suit for $300,000 by Wackenhut Corrections Corporation paid $300,000 to settle a wrongful death suit filed by the minor children of prisoner Lisa Ann Lowdermilk. The complaint alleged that while at Broward County work release, Lowdermilk died due to the negligence of Wackenhut employees Kenneth Day, …
Article • April 15, 2011
Washington State Pays $277.94 and $450 in Public Records Tort Suit against DOC by The State of Washington Department of Corrections paid $727.94 to settle two different public records tort suits to prisoner Nicholas S. Roy. On November 3, 2004, Roy requested a list of all persons who are being …
Article • April 15, 2011
Houston May Not Keep Traffic Light Camera Documents Secret by Matthew Clarke by Matt Clarke On October 12, 2009, a Texas state district court held that the City of Houston had no right to keep secret over 250 government documents related to the deployment and use of traffic cameras at …
Prisoner’s Administrative Remedies Do Not Require Naming of Official by The Sixth Circuit Court of Appeals vacated its own affirmation of the dismissal of a prisoner’s civil rights complaint after the Supreme Court found that the circuit’s imposition of the prerequisite to properly exhaust administrative remedies before filing a complaint …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
California: Right of Self-Representation May Be Restricted but Not Denied Based on Jailhouse Security Concerns by In a 5-2 decision, the California Supreme Court reversed the conviction and sentence of death imposed on a defendant who, while on capital trial for murdering two college students (see: People v. Butler (2009) …
Article • April 15, 2011
Toilet Tank Lid Ruled “Deadly Weapon” by A juvenile Court in Grant County, Washington, convicted a minor, D.A.C., of second degree assault after he threw a toilet tank lid at an employee of the Grant County Youth Services Detention Facility. D.A.C. appealed the assault conviction on the ground that the …
Article • April 15, 2011
Reduction of Attorney Fees Affirmed in 2nd Circuit by In a case decided on February 16, 2010, the 2nd Circuit affirmed a district court’s decision to award less than the requested attorney fees in a class action suit filed against Schenectady County, New York. Attorneys in the suit include Elmer …
Article • April 15, 2011
Filed under: Money/Property, Restitution
Personal Restraint Petition Challenging Restitution Granted in Washington State by On August 8, 2007, a prosecutor in Spokane County, Washington filed and was granted ex parte motions and orders extending jurisdiction for an additional 10 years against Andrew Brady to recover the balance of the restitution and penalties he owed …
Article • April 15, 2011
Pennsylvania Prisoner’s Negligence Claim Denied by On March 19, 2008, Pennsylvania prisoner John McCool filed a medical negligence claim against the Pennsylvania DOC and various officials and employees for their improper treatment of his medical condition. The district court sua sponte dismissed his complaint on June 4, 2008 partially under …
Magistrate’s Recommendations Accepted in Texas Mental Health Case by On May 19, 2009, A U.S. Magistrate Judge filed his recommendations in a complaint brought by Miroslava Rodriguez-Grava (Rodriguez) and Iaias Vasquez Cisneros De Jesus (De Jesus) for their treatment while they were detained at the South Texas Detention Complex (STDC). …
Article • April 15, 2011
Ex-Prosecutor Wins Award in Wrongful Termination Suit by On January 25, 2010, an ex-deputy prosecuting attorney for Pierce County, Washington, Barbara Corey, won her appeal and was awarded in excess of $2 million in a lawsuit she filed against the County following her forced resignation. Ms. Corey’s complaint accused the …
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