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Alaska Prisoner’s Action to Overturn DR Not Moot if Relief Sought Greater than Obtained by David Reutter By David M. Reutter The Alaska Supreme Court has held that a prisoner’s action to reverse a disciplinary charge is not moot where the relief sought is greater than that afforded by prison …
Article • April 15, 2011
Self-Defense Available to Prisoners in Federal Guard Assault Cases by A federal prisoner charged with assaulting a guard may claim self-defense in limited circumstances, the U.S. Court of Appeals for the Fourth Circuit decided January 12, 2010. Michael Gore got into a fight with Lieutenant Kevin Jensen and CO Gregory …
Article • April 15, 2011
Purposeful Exposure to Ultraviolet Light Warrants Denial of Qualified Immunity by On March 25, 2010, the U.S. Court of Appeals for the Eight Circuit affirmed in part a summary judgment denial is a 42U.S.C. §1983 suit that alleges Arkansas prison guards maliciously and out of retaliation exposed a prisoner to …
Article • April 15, 2011
D.C. Court of Appeals Upholds $450,000 Verdict for Motorist in Traffic Accident with Cop by On May 13, 2010, the D.C. Court of Appeals upheld a $450,000 verdict against two D.C. cops who were involved in the arrest of a motorist following a traffic accident with an off-duty D.C. cop. …
Judicial Review of Disciplinary Conviction Not Moot Upon Prisoner’s Release by On December 9, 2008, the Tennessee Court of Appeals at Nashville found that a former prisoner’s petition was not moot strictly because he had been released from custody. The appellate court remanded the case for a complete review of …
LCS Granted Writ of Mandamus on the Basis of Res Judicata by The Supreme Court of Alabama ruled on December 19, 2008 that res judicata was established in a prisoner’s First Amendment case that was previously adjudicated by a Louisiana court of competent jurisdiction. On October 3, 2006, Carl Braxton …
Article • April 15, 2011
ICE Settles Deliberate Indifference Lawsuit for $47,500 by The U.S. Immigration and Customs Enforcement agency (ICE) paid $47,500 to settle a lawsuit alleging deliberate indifference to a detainee’s medical needs. A Haitian woman, identified only as “Rosemarie M.” in court documents, had suffered daily bleeding for months in the summer …
Article • April 15, 2011
Missouri Man Awarded $300,000 Following Taser Incident by In December 2009, officials in Missouri City, Missouri agreed to pay a $300,000 settlement to prevent future litigation relative to a July 2008 incident in which Phillip Lee McDuffy, 46, was critically injured after being Tasered by police. Kansas City attorney Todd …
Washington State: Polygraphs Not Required for Relief from Sex Offender Registration by As juveniles, Jeffrey Hooper and Terry Felice were found guilty of sex crimes that required them to register as sex offenders. In 2008, as adults, they each filed petitions asking the Spokane County Superior Court to relieve them …
Article • April 15, 2011
California: Operator of Community Detention Facility Settles Suit for $200,000 by In October 2009, Alternative Programs, Inc. (API) entered into a settlement agreement with the California Department of Corrections and Rehabilitation (CDCR), which API had sued for breach of contract. The settlement released CDCR from any and all liability in …
Subjective Knowledge that Object is a “Weapon” Not Required to Convict Federal Prisoner of Violating Contraband Statute by On June 7, 2010, the U.S. Court of Appeals for the Third Circuit affirmed a federal prisoner’s conviction for possessing a weapon while in prison. Eric Holmes was charged with violating 18 …
Article • April 15, 2011
Underfunding, Excessive Caseload Not Adequate Basis for Public Defender to Withdraw in Florida by Florida’s Third District Court of Appeal held on May 13, 2009 that public defenders cannot withdraw from representing defendants on the grounds that a conflict of interest exists due to underfunding, excessive caseload, or the prospective …
California: $2,005,000 Verdict for Wrongful Death Caused by Police Officers’ Excessive Force by After four days of trial and five hours of deliberations, on April 11, 2011, a federal jury found that defendant police officers had used excessive force against a mentally ill man, which caused his death. The jury …
Article • April 15, 2011
Transient Sex Offender Not Required to Provide Address by On July 18, 2009, Washington State charged Phillip Flowers with failure to register as a sex offender as required by RCW 9A.44.130(11)(a). Flowers subsequently filed a Knapstead motion, which was granted by the district court. The State then appealed that ruling. …
Article • April 15, 2011
Filed under: Medical, Cancer
Virginia Prisoner’s 8th Amendment Claims Dismissed by From January 1994 to September 1994, Darrell Coppage was a prisoner at the Rappahanock Security Center (RSC) in Virginia. For several months of his stay at RSC, Coppage experienced pain, paralysis, and incontinence due to an undiagnosed cancerous tumor at the base of …
Witness Testimony Judged Appropriate on Appeal by Following his conviction for custodial assault, Washington prisoner David Sykes filed his appeal arguing the trial court admitted into evidence “improper opinion testimony” and his counsel was ineffective for failing to object to it. Sykes was convicted of the assault for throwing a …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
Article • April 15, 2011
Filed under: Guards/Staff, Guard Unions
California: District Court Denies CCPOA’s Motion for Summary Judgment by In February 2010, in a case alleging breach of contract and defamation on the part of the California Correctional Peace Officers Association (CCPOA), the nation’s largest union of correctional officers and an organizational member of Corrections USA (CUSA), a non-profit …
Article • April 15, 2011
Federal Agent Assaulted By Chula Vista Police, Awarded $2.2 Million by Jury by In March 2010, a San Diego jury awarded federal agent Sergio Lopez $1.2 in compensatory damages and $1.0 million in punitive damages after finding that he was unlawfully assaulted and battered by Chula Vista police officers. On …
Article • April 15, 2011
Ninth Circuit: Jury Finding of Excessive Force Entitles Prevailing Party to Award of Attorney’s Fees by A divided Ninth Circuit has affirmed a jury’s award of only nominal damages for a police officer’s use of excessive force, but reversed the district court’s decision to deny costs and attorney’s fees to …
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