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Brief • March 2, 2009
Prison Legal News v. CCA,TN, MTF Amicus Brief, public records, 2009
Article • February 15, 2009
Nevada Revamps Rules Regarding Sealing And Redacting Court Records by The Nevada Supreme Court approved an amendment to Part VII of the Supreme Court Rules Governing Sealing and Redacting Records in 2007. The amendment applies to all civil actions with the exception of specific statutory provisions. Due to concern by …
Pennsylvania Prison Official Settles Termination Lawsuit For Investigating Beating by Former Pennsylvania county prison official, Lt. Constance Bowers, brought a 42 U.S.C. § 1983 suit after being terminated in 2004, two months short of 20 years service to the state. She was allegedly terminated for failure to end an investigation …
Article • February 15, 2009
Plaintiff Held Mostly Liable After Tort Action Against BOP Backfires by Kentucky resident Carolyn Eichler and others brought a federal tort action in 1997 against the United States after a Bureau of Prisons (BOP) bus collided with their vehicle. Various plaintiffs alleged damages and the court determined that Eichler, the …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
Article • February 15, 2009
Three-Judge Federal Court Compels California DOC to Produce Documents by The three-judge federal panel that was convened to consider reducing California’s prison population, so as to remedy constitutionally inadequate medical care and mental health care, has granted a motion to compel filed by the prisoner-plaintiffs. The court compelled the California …
FOIA Exemption for Personal Privacy Requires Factual Basis by The D.C. Circuit Court of Appeals held that while the Freedom of Information Act (FOIA) exempts government agencies from releasing data that amounts to an “unwarranted invasion of personal privacy,” summary judgment would not be permitted when a factual dispute existed …
Article • February 15, 2009
Indiana Prisoner Entitled to Seek Public Prison Records by Indiana’s Third District Court of Appeals held it was error to dismiss a prisoner’s complaint seeking to compel prison officials to allow him to inspect and copy public records. In 2004, Eric D. Smith, a prisoner at Indiana’s Maximum Control Facility …
Article • February 15, 2009
California SVP Act Allows Indeterminate Department Of Health Commitment by California Sexually Violent Predator (SVP) Ronald Carroll appealed his indeterminate commitment to the State Department of Mental Health (DMH) after a two year statutory commitment provision was amended. The commitment was affirmed. Carroll was convicted of rape in 1970 and …
Article • February 15, 2009
$210,000 Settlement For Execution Of Dog By Richmond, California Police by Richmond (California) residents Cynthia Peters and Mark Parr brought a federal action against Richmond police who shot their dog while pursuing a suspect. The suit settled for $225,000. Two Violence Suppression Unit police officers were pursuing a suspected drug …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
Article • February 15, 2009
Ohio Pays $552,500 For 13 Years Of Wrongful Imprisonment by Ohio ex prisoner Anthony Green settled his wrongful imprisonment action against the Ohio Department of Rehabilitation and Correction for $552,500. He had been imprisoned for 13 years. Green was found guilty by a Cuyahoga County jury for rape and aggravated …
Article • February 15, 2009
Oregon Prohibits Public Individuals' Cause Of Action Elimination Absent Adequate Substitution by The Oregon Health Sciences University (OHSU) sought review of an appellate ruling disregarding statutory provisions and allowing claims against the OHSU's individual defendants for neglect causing permanent brain damage to Jordan Clarke in 1998. Clarke's guardian, Sari, sought …
$2,000 Settlement For Federal Prisoner's Lost Property And Legal Work by Wisconsin federal prisoner Joseph Davis brought a combined 42 U.S.C. § 1983 and federal tort action in 1997 after guards lost his property and legal documents, and assaulted him during a transfer to another prison. He claimed that he …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
Article • February 15, 2009
Montana Prison Settles Suit For Employees' Interrupted Lunch Breaks by Fourteen Montana State Prison (MSP) employees brought suit against the state Department of Corrections for reimbursement after allegedly working through their lunch breaks. The suit for damages in excess of $250,000 settled for $124,000. MSP employees consisting of three shift …
N.Y. Affirms Multiple Accumulating DOC Disciplinary Proceedings For Same Incident by New York State prisoner Derek Josey sought review of an intermediate appellate court ruling allowing the Department of Correctional Services (DOCS) to punish him multiple times for the same incident. New York’s highest court ruled that res judicata did …
N.Y. Corrections Veteran Awarded $150,000 For Retaliation by New York State guard Patricia Luca brought 42 U.S.C. § 1983 action against Nassau County, it's police and sheriff's departments, Civil Service Commission and various individuals. She alleged gender discrimination and retaliation for having filed a sexual harassment complaint. Luca was awarded …
Article • February 15, 2009
N.Y. Guards Remain In Nassau Correction Center Kitchens by The Nassau County (New York) Sheriff Officer's Association, Inc. (SOA) appealed their preliminary injunction denial allowing civilian workers and supervisors to replace guards at the Nassau County Correction Center (NCCC). The denial was reversed. The SOA filed suit after kitchen workers …
Article • February 15, 2009
N.Y. Land Records' Denial Remanded For Privacy, Preparation Determination by Nationally operated Data Tree, Inc., LLC., sought review of an appellate affirmation denying public land records requested under the state's Freedom of Information Law (FOIL). The denial was reversed and remanded for an in camera inspection to determine electronic accessibility …
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