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New York Prisoner Awarded $750 Following Assault by On November 26, 2007, New York prisoner, George Combes, was awarded $750 for injuries he suffered during an assault by another prisoner. He was in protective custody at the time of the incident, as was his attacker. State officials conceded liability in …
Article • May 15, 2011
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
Article • May 15, 2011
Referendum Petition Not Protected by First Amendment by On May 18, 2009, Senate Bill 5688 was signed by Washington's Governor, expanding the rights and responsibilities of state-registered domestic partners. On May 25, 2009, a referendum petition opposing the bill was submitted by Protect Marriage Washington (PMW) to the Secretary of …
TDCJ Releases Hold on Prisoner's Trust Fund Account by In August, 2006, Texas prisoner, Michael Gene David, signed a settlement agreement dismissing all claims in a lawsuit he filed pursuant to 42 U.S.C. § 1983 against TDCJ employee, Howard Hill, for retaliation and harassment. Represented by attorney Andrew Lehrman of …
Article • May 15, 2011
Filed under: Medical, Cardiovascular
Washington DOC Pays $4,500 to Settle Negligence Claim by On December 14, 2006, Washington State prisoner, Ronald Davis, filed a claim accusing DOC staff of failing to properly treat his medical condition. After experiencing severe chest pain, Davis alleged he was given only a "superficial exam" before being "declared fit …
Article • May 15, 2011
"Work Product" Exempted From Public Records Act by "Work Product" Exempted From Public Records Act On December 12, 2005, Washington State resident, David Koenig, submitted a request to the Pierce County Prosecutor under the auspices of that state's Public Records Act (PRA) for records pertaining to a specific criminal investigation. …
Article • May 15, 2011
Filed under: Work, Inability to Work
Fifth Circuit: Violating Texas Prisoner's Medical Work Restrictions States Claim by On April 21, 2009, the Fifth Circuit court of appeals held that a prisoner stated a viable claim when he alleged that prison employees forced him to work in ways that violated restrictions the medical department had placed on …
Article • May 15, 2011
Massachusetts Supreme Judicial Court Discharges Man after 16-Year Sentence Execution Delay by On November 6, 2007, the Supreme Judicial Court of Massachusetts held that a 16-year delay in the execution of sentences for multiple violent and sex offenses precluded execution of the sentences. Vith Ly, an immigrant from Cambodia living …
Article • May 15, 2011
Second Circuit: Jail Can Deny Paralegals with Prior Felonies Privileged Visits by On May 13, 2003, the Second Circuit court of appeals held that a New York jail could deny privileged visitation rights to paralegals with prior felony convictions. Rogers Hicks and John Ives are paralegals with prior felony convictions …
Second Circuit: Subjective Standard Applies to Pretrial Detainee Due Process Claims by On September 22, 2009, the Second Circuit joined the 1st, 4th, 5th, 6th, 7th, 8th, 10th and 11th circuits in holding that the subjective standard for deliberate indifference set forth by the U.S. Supreme Court in Farmer v. …
$19.6 Million Verdict in Nassau County New York for Arrestee Run Over By Police by On February 19, 2010, a federal jury awarded $16.6 million to a former construction worker who was run over by a cop in 2005. Thomas Hartman sued Nassau County detective Karl Snelders after Snelders ran …
Article • May 15, 2011
Filed under: Classification, Smoking
$150 Award to New York Prisoner for Top Bunk Placement by A New York Court of Claims awarded a prisoner $150 for an injury sustained due to improperly being in an upper bunk. The award to Auburn Correctional Facility prisoner Cedric Reid was for a mild sprain that occurred while …
Article • May 15, 2011
$150,000 Settlement in Juvenile’s Jail Tour Strip Search Suit by The District of Columbia on August 15, 2003, entered into a $150,000 consent judgment in order to settle a lawsuit by a teenager who was strip searched by guards during a tour of the D.C. jail. On May 17th, 2001, …
Article • May 15, 2011
$225,000 Settlement in Suit over Failure to Protect D.C. Prisoner by On May 10, 2000, the District of Columbia agreed to pay $225,000 to a man who was brutally assaulted at Lorton Reformatory. On or about May 9, 1998, Larry Lucas was taken by guards to the CB2 visiting trailer …
$800,000 Settlement in Suit Over Diseases Caught at Maricopa County Jail by On December 12, 2005, a former Maricopa County Jail prisoner and his mother settled for $800,000 a suit alleging unsanitary conditions at the jail caused the former prisoner to become seriously ill and suffer permanent injuries. When he …
Article • May 15, 2011
$865,000 Jury Award in Missouri Police Excessive Force Case by On June 10, 2010, a Missouri federal jury awarded a victim of a St. Louis police beating $365,000 in actual damages and $500,000 in punitive damages. Kenneth Rohrbough is a former Marine who suffers from aphasia due to a traumatic …
Article • May 15, 2011
Filed under: Medical, Dental Care
$2500 Settlement for Poor Dental Care by D.C. Corrections by On March 19, 2003, the District of Columbia agreed to pay $2500 to a prisoner to resolve allegations of inadequate medical care. Ondrae Gant went to medical at Central Facility complaining of tooth pain. He had a decaying tooth that …
Article • May 15, 2011
Assault Caused by Overcrowding, Negligent Control of Contraband Settles for $27,000 by On December 30, 1999, the District of Columbia agreed to settle a negligence suit for $27,000. The suit alleged guards at D.C.’s Occoquan Facility failed to protect a prisoner from assault. On February 9, 1996, Mitchell Goings was …
Article • May 15, 2011
Assault Tied to Overcrowding and Negligent Control of Weapons Results in $10,000 Settlement by On July 23, 1999, the District of Columbia agreed to pay $10,000 to a man who was brutally assaulted while in juvenile detention at D.C.’s Youth Center I. The complaint, filed by Roy Harris, alleged that …
Attorney Fees and Costs Against Exoneree Who Lost Lawsuit Denied by On May 21, 2009, a Michigan federal court denied a motion by defendants for attorney fees and costs in an unsuccessful lawsuit brought by an exoneree. During a custody dispute with his ex-girlfriend in 1987, Mark Norman Cleary's seven-year-old …
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