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Article • May 15, 2007
Sixth Circuit Affirms Dismissal of Bivens Action Against Federal Agents by The U.S. Sixth Circuit Court of Appeals affirmed a Tennessee federal district court's dismissal of a Bivens claim against federal agents who allegedly destroyed a federal prisoner's property and denied him medical care. Thomas Harold Stiger, a federal prisoner, …
Article • May 15, 2007
$1,500 Paid in Beating By WA Guards by George "Fast Eddy" Miller was removed on October 24, 1988, from the visiting area at the State Reformatory at Monroe for suspicion of consuming alcoholic beverages. While in the strip-search room, he advised a guard that handcuffs were not necessary. Miller was …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by Douglas Krohne, a prisoner at Walla Walla,( Washington, filed a 42 U.S.C. §1983 action in the Western District of Washington federal court. He brought claims for the failure of prison officials failing to advise him …
Article • May 15, 2007
$12,500 Paid in WA Retaliation Claim By Guard by Donald Baker was an employee at Airway Heights Corrections Center when he requested a transfer to another position within the Washington DOC. He was advised by Associate Superintendent Larry Hines that he would be considered for a transfer only if he …
$29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals by $29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals A New York Federal District Court granted the plaintiff's motion for the award of attorney …
Article • May 15, 2007
$31,125 Paid in WA Prison Nurse's Supervisory Harassment and Libel Suit by Jayne Morse was employed as an LPN III at the Washington State Reformatory at Monroe. Her supervisor, Annette Beldon, ridiculed Morse in front of prisoner and filed fictitious complaints and published allegations of Morse's alleged criminal conduct. Beldon …
Article • May 15, 2007
Detainees Entitled To Contact Visits, To Be Present During Shakedowns by The U.S. Court of Appeals for the Ninth Circuit held that pretrial detainees were entitled to contact visits and to be present during cell searches. Pretrial detainees in the Los Angeles County Central Jail brought a class action § …
Article • May 15, 2007
Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing by Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing The U.S. Eighth Circuit Court of Appeals held that an evidentiary hearing should have been conducted to determine if a prisoner's § 2255 motion had been timely …
Article • May 15, 2007
Elevated Charges, No Lab Analysis Does Not Violate Due Process by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri state prisoner's due process rights were not violated as a result of disciplinary proceedings stemming from a possession of contraband charge. Prisoner Dale Holt was found …
Environmental, Sanitary Problems Violate Due Process by The U.S. District Court for the Southern District of New York held that certain jail conditions violated pretrial detainee's due process rights. Pursuant to the Prison Litigation Reform Act (PLRA), the New York City Department of Corrections petitioned for immediate termination of consent …
Article • May 15, 2007
Filed under: Money/Property, Bail Bonds
Statute Requiring Remittance Of Forfeited Bond Violates Texas Constitution by Statute Requiring Remittance Of Forfeited Bond Violates Texas Constitution The Court of Criminal Appeals of Texas held that Article 2372p-3, Sec. 13 (b), V.A.C.S., which mandates the remittance of 95% of a forfeited bail bond if a defendant is jailed …
Written Statements Not A Substitute For Live Testimony by The U.S. District Court for the Eastern District of Michigan held that a Michigan state prisoner should have been allowed to (a) call witnesses at his disciplinary hearing and (b) review documents relevant to the disciplinary charge. Wesley King was charged …
Florida Jail Guard's Discrimination, Due Process Claims Dismissed by The United States District Court for the Southern District of Florida dismissed a former jail guard's state and federal complaints of, among other things, race discrimination, retaliation and due process violations. While employed as a guard by the Miami-Dade County Corrections …
Article • May 15, 2007
$45,000 Settlement In Washington Parolee Rape Suit by In 1994 the Washington State Department of Corrections settled a law suit with Jenifer McBride for $45,000 for her rape by parolee James Brigham. In 1992 the plaintiff was raped and assaulted by James Brigham in Seattle, Washington. The parole officer was …
Article • May 15, 2007
$47,500 Settlement In Washington Parolee Rape & Assault Suit by In 1994 the Washington State Department of Corrections settled with Nancy J. Corcoran and Michael J. Corcoran, for $47,500 for the rape of Nancy and assault of Michael Corcoran by a parolee. Richard E. Lyons was a registered sex offender …
Article • May 15, 2007
$225,000 Tort Claim Settlement In Washington Parolee Wrongful Death Suit by In 1998 the Washington State Department of Corrections settled a tort claim with Jenifer R. Monroe, and John C. Pagel for $225,000, for the wrongful death of their mother Terri J. Dobler by a Washington State Parolee. Charles Epperson …
Prisoner's Transfer Enjoined Until Hearing to Determine Motivation by A federal district court issued a temporary injunction enjoining Connecticut state prison officials from transferring a prisoner, who was a reporter and columnist for a local newspaper. Prison officials contended the prisoner was not safe in administrative confinement or population from …
Article • May 15, 2007
Filed under: Sentencing, Parole
Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional by Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional The Second Circuit Court of Appeals held that extending a parolee's sentence as the result of a charged parole violation without according a final due process hearing on that violation when …
Article • May 15, 2007
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional by Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional The Eleventh Circuit Court of Appeals held the Sixth Amendment did not apply to an …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC The Eighth Circuit Court of Appeals held that an administrator is entitled to qualified immunity in a claim of deliberate indifference …
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