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Article • January 15, 2009
Vermont Orders Privacy vs. Public Interest Balancing In DOC Superintendent's Performance Evaluation Public Disclosure Request by Bob Williams By Bob Williams The Vermont Supreme Court has ordered a lower court to balance the privacy interests of Vermont Department of Corrections (VDOC) Superintendent Kathleen Lanman, of the Northern State Correctional Facility …
Article • January 15, 2009
Vermont Orders Privacy vs. Public Interest Balancing In DOC Superintendent's Performance Evaluation Public Disclosure Request by Bob Williams By Bob Williams The Vermont Supreme Court has ordered a lower court to balance the privacy interests of Vermont Department of Corrections (VDOC) Superintendent Kathleen Lanman, of the Northern State Correctional Facility …
Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David Reutter Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David M. Reutter On July 11, 2008, the U.S. Department of Justice’s Civil Rights Division issued a letter to officials at Illinois’ Cook County Jail (CCJ) which found …
Article • January 15, 2009 • from PLN January, 2009
TASER Avoids Liability in Three Deaths by Suing Medical Examiner by John Dannenberg TASER Avoids Liability in Three Deaths by Suing Medical Examiner by John E. Dannenberg Arizona-based TASER International, Inc. (TASER) was cleared of liability in the unrelated deaths of three drug-afflicted Ohio men who died shortly after being …
Article • January 15, 2009 • from PLN January, 2009
$3,540,402.22 Jury Award In California Wrongful Conviction Case by A California federal jury awarded $2 million to a man imprisoned 12 years for a rape/robbery he did not commit. The court also awarded him $1,368,834 in attorney fees, $6,500 in fees on fees, and $165,067.22 in costs (including $40,363.35 in …
Florida Prison Employees Awarded $630,000 for Subjection to Prisoner “Gunners” by Florida Prison Employees Awarded $630,000 for ?Subjection to Prisoner “Gunners” On May 15, 2008, a federal jury awarded $45,000 to each of 14 former female employees at Florida’s Martin Correctional Institution, finding the women had been subjected to lewd …
$170,000 Jury Verdict in Sacramento Jail Beating by $170,000 Jury Verdict in Sacramento Jail Beating In April 2008, a federal jury in Sacramento, California returned verdicts against five Sacramento County Jail deputies for beating a prisoner and denying him food and water for eight hours. Although the facts were contested, …
Article • January 15, 2009 • from PLN January, 2009
$5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail by $5 Million Settlement For Illegal Strip Searches In Las Cruces, NM Jail An estimated 11,000 Doña Ana County Detention Center detainees who were illegally strip searched between March 7, 2003 and March 7, 2006 have settled their …
New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison by New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison A New Jersey Superior Court has issued a preliminary injunction that prohibits prison officials from transferring women prisoners to the New Jersey State Prison (NJSP), …
Article • January 15, 2009 • from PLN January, 2009
$7,025 Award in Slip and Fall From Ohio Prison Bunk by $7,025 Award in Slip and Fall From Ohio Prison Bunk The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell …
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court …
Article • January 15, 2009
Illinois Prisoner Awarded Attorney Fees After Egregious DOC Records Denial by Bob Williams By: Bob Williams Illinois State prisoner William Callinan appealed a court denial for the award of attorney fees and costs after successfully litigating against records denial and excessive copying fees by the State Department of Corrections (DOC) …
Prisoner's Action Dismissed For Non Exhaustion; Remanded To Ascertain Officials' Interference by Bob Williams By: Bob Williams Leavenworth (Kansas) federal pro se prisoner Jose Aquilar-Avellaveda appealed the dismissal of his Bivens complaint against prison officials for legal material confiscation and disposal, restrictive segregation and sleep deprivation. The dismissal for non-exhaustion …
§ 1983 & Bivens Procedural Defaults Under § 1915 Must State Specificity For Dismissal by Bob Williams By: Bob Williams District of Columbia (Washington) prisoners Michael and Charles Thompson individually motioned for leave to proceed in forma pauperis (IFP) to appeal their 42 U.S.C. § 1983 dismissals. The government argued …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below by Sixth Circuit Now Permits § 1983 Complaint to Proceed Even If Prisoner Did Not Initially Plead Exhaustion Below The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held …
Article • January 15, 2009
$200,000 Verdict Awarded to Citizen Who Tripped and Fell on Jail Property by A New York state court jury awarded a woman $200,000 in total damages for injuries incurred after she tripped and fell on the side walk in front of a New York City Jail. The 62-year-old woman, who …
Article • January 15, 2009
4 Year Statute of Limitations Applies to 1983 Claims Filed in Florida by The Eleventh Circuit Court of Appeals has held that a 42 U.S.C. § 1983 action filed by a person in Florida has a four-year statute of limitations. The Court’s holding reversed a Florida federal district court’s dismissal …
Article • January 15, 2009
Virginia Guard Injured in Prison Transport Van Accident Settles for $200,000 by A Virginia State jury awarded $250,000 to a guard who was injured while driving a prisoner transport van. While transporting several prisoners, the van driven by guard Ralph P. Tolbert was hit by a car that drove out …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
§1915 "Three Strikes" Rule Precluding In Forma Pauperis Filing Not Unconstitutional by New York State pro se prisoner Wilfredo Polanco petitioned for leave to proceed in form pauperis (IFP) and for appointment of counsel to appeal the denial of IFP status in a lawsuit against the state's Department of Correctional …
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