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Article • April 15, 2011
Stabbed D.C. Prisoner Accepts $3,200 Settlement by The District of Columbia (D.C.) paid $3,200 to settle the negligence suit filed by Vincent Bigelow for injuries suffered from a stabbing by other prisoners. While at D.C.’s Maximum Security Facility in Lorton, Virginia, on March 5, 1999, Bigelow “was brutally attacked by …
Article • April 15, 2011
5th Circuit Upholds Prisoner’s Due Process Rights by On September 18, 2007, the 5th Circuit filed its decision in a civil rights action filed by Louisiana prisoner Richard Mahogany, Jr., against a number of Louisiana prison officials. Mahogany filed his initial complaint pursuant to 42 U.S.C. § 1983 alleging his …
Article • April 15, 2011
6th Circuit: Grievances Enjoy First Amendment Protection by On September 29, 2009, the 6th Circuit vacated a district court ruling dismissing a complaint filed by Michigan prisoner Lynn Pasley. The complaint was filed pursuant to 42 U.S.C. § 1983 alleging constitutional violations against Vera Conerly, a prison employee. Pasley accused …
Article • April 15, 2011
7th Circuit: Reverse and Remand “Inherently Transitory” Complaint by On February 4, 2010, the 7th Circuit reversed and remanded a district court ruling dismissing as moot a case alleging various constitutional and state law violations against Tippecanoe County, Indiana Sheriff Tracy Brown. The initial complaint was filed on January 2, …
Article • April 15, 2011
9th Circuit Affirms Reduction in CJA Attorney Fees by On November 10, 2009, the 9th Circuit filed its decision approving a district judges ruling reducing the requested compensation to be paid to an attorney appointed to provide legal representation for an indigent felon pursuant to the Criminal Justice Act (CJA), …
Article • April 15, 2011
Freedom of Information Act Request Denied by On September 16, 2008, the Kanawha County Circuit Court in West Virginia ordered the disclosure of five of thirteen emails requested by The Associated Press (AP) through a Freedom of Information Act (FOIA) request submitted February 29, 2008 to Mr. Steven Canterberry, Administrative …
Article • April 15, 2011
Homosexual Literature Allowed on Death Row by On March 30, 1999, a Louisiana Magistrate filed his recommendation in a suit filed by death row prisoner George Brooks, Jr., against Louisiana's DOC. The complaint alleged First Amendment violations in regard to five sexually explicit books confiscated from him by the mailroom …
Article • April 15, 2011
Library Purge Deemed Unconstitutional by On October 16, 2000, West Virginia prisoner Roger Cline filed suit against William Fox who was the warden at St. Mary’s Correctional Center, the facility where Cline was housed. The complaint was filed pursuant to 42 U.S.C. § 1983 accusing Fox and his staff of …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011
Texas Prisoner Granted Conditional Mandamus Relief by In a 2-1 split decision filed on November 26, 2008, a Texas appellate court granted in part a prisoner’s petition for writ of mandamus filed after a district Judge refused to file a lawsuit filed by the prisoner, Gordon Simmonds. Citing Chapter 14 …
Article • April 15, 2011
Stabbed D.C. Prisoner Settles Suit for $5,500 by On November 9, 2000, the District of Columbia paid $5,500 to settle a lawsuit filed by prisoner Keith Starr, in which Starr alleged the District was negligent in failing to provide adequate safety at the Maximum Security Facility in Lorton, Virginia. Starr …
State Law Registration Requirements Trigger SORNA by On December 15, 2009, the U.S. Court of Appeals for the Eleventh Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA). David Griffey was convicted of a sex offense in Illinois, but later moved to Alabama after …
Article • April 15, 2011
Summary Judgment for BOP in FOIA Case Granted by On January 27, 2010, U.S. District Judge Rosemary M. Collyer granted summary judgment for the Bureau of Prisons (BOP) in a Freedom of Information Act (FOIA) suit wherein the prisoner sought records related to a former BOP guard who was terminated …
Article • April 15, 2011
Taser Constitutes “Intermediate Force”; Law not Clearly Established on Taser Use, Ninth Circuit Decides by The development of a Taser constitutes “intermediate” force, the U.S. Court of Appeals for the Ninth Circuit decided June 18, 2010. Carl Bryan sued a Caranado, California cup, the city of Caranado after he was …
Article • April 15, 2011
$5,000 Settlement in DC Prisoner’s Stabbing by The District of Columbia (DC) paid $5,000 to settle the negligence suit of prisoner John S. Darrell for injuries sustained from being stabbed. While at DC’s Central Facility on November 3, 2000, Darrell was brutally attacked and stabbed by other prisoners. He sustained …
Article • April 15, 2011
Class Action Settlement Reached on Dysentery Lawsuit by The District of Columbia settled a prisoner class action lawsuit after a large population of jail prisoners developed shigellosis, a bacterial illness, due to a malfunctioning dishwasher in the jail. At the D.C. jail in late January through early February, 1996, 616 …
Article • April 15, 2011
Utah Prisoner’s Administrative Confinement May be Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner’s arbitrary placement in administrative segregation may constitute an “atypical and significant hardship on the prisoner in relation to the ordinary incidents of prison life.” Utah prisoner Paul Richard Payne filed a …
Article • April 15, 2011
Violent Oregon Prisoner Murders Colorado Prisoner by In March 1993, Kevin Carl Lust shot his second wife to death in Washington, then drove to Portland, Oregon and shot his former fiancée four times with a shotgun. He pleaded guilty to both murders and was sentenced to life without parole. He …
Article • April 15, 2011
Washington Court of Appeals Upholds Civil Commitment’s Conviction for Assault by The Division II Court of Appeals for the State of Washington has affirmed the assault conviction of a civilly committed man. Bob Pugh assaulted a King County Sheriff’s Department officer while he was being escorted from the McNeil Island …
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