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Article • May 15, 2007
No Summary Judgment On Disciplinary Diet Claim by A federal court in New York held that prison officials were not entitled to summary judgment on a prisoner's claim that he was repeatedly placed on restricted disciplinary diets and subjected to painful handcuffing, in violation of the Eighth Amendment. Wilfredo Rodriguez …
Suitable Residence Parole Condition Rational in NY by The Appellate Division of the New York Supreme Court affirmed a decision to the New York State Division of Parole denying release to a convicted child molester. James Billups was convicted of raping his young daughter and sentenced to a term of …
Article • May 15, 2007
New York: $600 For 60 Days Wrongful Confinement In Segregation by On May 17, 2004, a court of claims in Binghamton, New York, awarded $600 to a state prisoner who was wrongfully confined in "keep-lock" for 60 days. Luis Rosales, a New York state prisoner, was placed in keep-lock confinement …
Article • May 15, 2007
Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim by Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim In February of 2002, Robert Taylor, a Missouri state prisoner, injured his knee. A Correctional …
Article • May 15, 2007
New York Prisoner's Disciplinary Sanctions Vacated by Santiago Ramirez, a New York state prisoner, was a representative of a prisoner committee which had pledged a monetary donation for an upcoming family-day picnic. But when guards wouldn't negotiate with respect to the planning of the event, Ramirez tore up the requisition …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Article • May 15, 2007
Washington Appeals Court Reverses SJ on Negligent Supervision Claim by In an unpublished opinion, the Washington Court of Appeals held that a lower court erred in finding that a city's probation department owed no duty to citizens and was immune from suit. Jong Hoon Kim had a long history of …
Article • May 15, 2007
FBI Mob Murder Claim Filed Too Late by The First Circuit Court of Appeals upheld the dismissal of a Federal Tort Claims Act (FTCA) claim against the Federal Bureau of Investigation (FBI) for a 1982 murder. John Callahan was the chief executive officer of World Jai Alai, a gambling organization …
Article • May 15, 2007
California In-Prison Non-Violent Offense Cannot be Merged with Original Violent Sentence for Work Credit Awards by California In-Prison Non-Violent Offense Cannot be Merged with Original Violent Sentence for Work Credit Awards California's Fifth District Court of Appeals has held that a prisoner convicted of a non-violent in-prison offense should not …
Article • May 15, 2007
Inevitable Arrest Precludes Downward Departure Sentence for Escape by The Ninth Circuit Court of Appeals has held that a prisoner being sentenced for escape was not entitled to a downward departure sentence for voluntarily surrendering because his willingness to cooperate arose in connection with his arrest for trespassing. Christopher Blandin …
Prison Disciplinary Action Does Not Bar Later Criminal Proceedings by The Third Circuit Court of Appeals has affirmed a federal district court in the Virgin Islands' denial of a motion to dismiss a prisoner's criminal charges of assault in the third degree and possession of a weapon. Wilfredo Diaz was …
Article • May 15, 2007
Filed under: Police, False Arrest
$50,171 for Indiana False Arrest and 30 Hours Confinement by A federal jury in Indiana awarded a woman $30,171 in compensatory damages and $20,000 in punitive damages for false arrest and confinement for 30 hours. On September 19, 2002, Jennifer Wert entered the intersection of Emerson Avenue and I-70 in …
Article • May 15, 2007
Arkansas Guards Not Entitled to Qualified Immunity for Rape of Female Prisoner by Erma Trammell, an Arkansas state prisoner, was raped at the Tucker Women's Unit by a guard named Lee Davis. Trammell sued Davis and a host of prison officials in federal district court under 42 U.S.C. § 1983, …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (Jail), was punched and his jaw broken by a prisoner in his cell. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants knew …
Article • May 15, 2007
Chileans Allowed to Sue for Wrongful Death in U.S. 26 Years After Family Member was Slain by Chileans Allowed to Sue for Wrongful Death in U.S. 26 Years After Family Member was Slain In 1973, Armando Fernandez-Larios (Fernandez) was part of a Chilean military unit which murdered Winston Cabello a …
CT Guard Denied Sovereign Immunity for Harassing Prisoner by Anthony Torres, a Connecticut state prisoner, was repeatedly taunted, called a child molester and threatened with violence by a guard named John Zina at Connecticut's Northern Correctional Institute. When Warden Wayne Choinski wouldn't remedy the problem, Torres sued Zina and Choinski …
Article • May 15, 2007
Washington Court's Authority to Order Community Custody Limited by A Washington Appeals Court has held that an amended statute limits a trial court's ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a Spokane County Superior Court denied a petition filed …
Actual Innocence Required in Washington Criminal Malpractice Actions by Actual Innocence Required in Washington Criminal Malpractice Actions In a 5-4 decision, the Washington Supreme Court held that plaintiffs suing criminal defense attorneys for legal malpractice must prove that they are innocent of the underlying criminal charge. Dr. Jessy Ang and …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
Article • May 15, 2007
Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance by Pennsylvania Prisoner Not Required to File Grievance Before Suing Where Prison Regulations Preclude the Grievance Frederick Ray III, a Pennsylvania state prisoner, sued prison guards on several legal theories in federal district court under …
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