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Article • May 15, 2007
Prisoner Bears Burden of Proving Mailbox Claim by Prisoner who did not establish that there was a prison mailbox or that he used it, and did not provide an affidavit or notarized statement recounting the precise date he left his notice of appeal with prison authorities, is not entitled to …
District Court Vacates KS Jury Verdict of $500,000 in Jail Beating by The plaintiff alleged that he was beaten by jail staff and sued the county and individual officers; he dropped the latter and obtained a jury verdict of $500,000 against the county. Undisputed testimony showed that the officers were …
Qualified Immunity for Body Cavity Search of Prison Guard by The plaintiff correctional employee was subjected to a visual body cavity search after a prisoner informant said that the employee was going to smuggle in some drugs in a tampon. Conducting the search was within the outer perimeter of the …
Article • May 15, 2007
Attorney-Client Privilege Doesn't Protect All Discovery by In an employment discrimination case, the defendants asserted various privileges. A document from the vice president of communications to an EEO coordinator was not protected by the attorney-client privilege. At 499: It is important to remember that, because the privilege impairs the court's …
BOP Work Injuries Not Cognizable Under FTCA by A federal prisoner in California who alleged his pre-existing knee injury was exacerbated by prison officials' delay in providing medical treatment could not pursue a Federal Tort Claims Act suit because the re-injury occurred while he was at work and the Prison …
Article • May 15, 2007
NY Prisoners May Have Liberty Interest in Work Release by The Second Circuit responds to Booth v. Churner. In Nussle, they said excessive force claims aren't about "prison conditions"; in Lawrence v. Goord (42-43): we held that claims alleging particularized instances of retaliatory conduct directed against an inmate are not …
Article • May 15, 2007
SVP'S Have No Right To Counsel During Evaluation by Washington State prisoner Alfred E. Kistenmacher appealed a jury's determination that he is a sexually violent predator (SVP) under RCW 71.09, and claimed Fifth Amendment violation for not being afforded counsel's presence during the SVP evaluation. Kistenmacher was convicted of two …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
Article • May 15, 2007
Massachusetts Prisoner Beaten By Guards Awarded $21,000 by In August 1997, a court in Suffolk County, Massachusetts, awarded $21,000 to a state prisoner who was severely beaten by prison guards. The plaintiff prisoner claimed that while imprisoned in May 1991 he was shackled, handcuffed, kneed, and spat on by a …
Murdered Illinois Prisoner's Estate Awarded $942,364 For Wrongful Death by In October 1998, an unknown state court awarded $942,344 to the estate of a teenage Illinois prisoner who was murdered by his cellmate on his very first night in prison. In their lawsuit, filed in April 1995, the 19-year-old prisoner's …
Article • May 15, 2007
New York Prisoner Awarded $60,000 For Fall, Back Injury by In December 1997, a court of claims in Albany, New York, awarded $60,000 to a state prisoner who injured his back when be slipped on icy stairs and fell as he was exiting the prison chow hall. As a result …
Article • May 15, 2007
New York Jail Prisoner Awarded $190,000 For Guard-Inflicted Facial Injuries by In December 1997, a New York state court awarded $190,000 to a prisoner who sustained severe facial injuries when a guard at the Nassau County Jail pushed him into his cell. The plaintiff prisoner, 66 at the time of …
Article • May 15, 2007
Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim by Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim A wrongfully convicted New York man satisfied the statutory requirements for a claim against the State but failed to verify it personally, resulting in dismissal …
Article • May 15, 2007
$250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest by $250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest A 39 year old California man was beaten to death by police while being arrested for misdemeanor trespass. The deceased man's estate did not participate …
Article • May 15, 2007
Washington District Court Awards $195,000 For False Arrest, Emotional Distress by In April 1998, the U.S. District Court for the Western District of Washington awarded $195,000 for emotional distress to a man who was wrongfully arrested. The plaintiff, 40 and retired at the time of the March 1997 incident, claimed …
White Texas Prisoner Assaulted By African-American Cellmate Awarded $90,000 by During the week of August 10, 1998, a Texas state court awarded $90,000 to a white prisoner who was assaulted by his African-American cellmate in the Dallas County Jail and suffered a broken jaw. Plaintiff Curtis Ohme, a 27-year-old white …
Article • May 15, 2007
Contract Rabbi Acting In Ecclesiastical Nature by Washington state prisoner James Shilling, a converted orthodox Jew, filed a Federal civil rights complaint against Washington and Nevada Department of Corrections (DOC) personnel, as well as Rabbi Gary Friedman, alleging that they denied him kosher meals while housed in Nevada DOC as …
Article • May 15, 2007
Proof of Jewish Heritage May Violate Equal Protection by Washington state prisoner James Shilling, a converted Jew, filed a Federal civil rights complaint against Washington and Nevada State Department of Corrections (DOC) personnel, claiming that they violated his First and 14th Amendment rights by denying him kosher meals while housed …
Article • May 15, 2007
Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …
Article • May 15, 2007
Administrative Remedies Exhausted Even If Untimely by State Prisoner Ted Poole filed a complaint against the Michigan Department of Corrections concerning the untimely payment of filing fees. Poole exhausted his administrative remedies in the prison grievance process which were denied by prison officials as being untimely. Poole then filed a …
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