Forcible Administration of Antipsychotic Medication Doesn't Violate Due Process by The U.S. Fourth Circuit Court of Appeals affirmed the U.S. District Court for the District of Maryland in holding that state prison officials' forcible administration of antipsychotic medication to a prisoner did not violate the prisoner's right to due process. …
Appeals Court Reduces $500,000 Police Brutality Award by Plaintiffs who were arrested and assaulted by police have their damages reduced in an example of the Fourth Circuit's knee-jerk hostility to civil rights plaintiffs. The jury had awarded the plaintiffs $500,000 in damages for their injuries. The appeals court reduced damages …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Denial Of Time Extension, Dismissal Of Claim Ruled Abuse Of Discretion by The U.S. Court of Appeals for the Ninth Circuit held that a district court abused its discretion in denying a prisoner an extension of time to file an amended complaint and in dismissing his pro se § 1983 …
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Arrestee Strip Search Upheld in Maryland by The plaintiff was arrested on an outstanding warrant and detained for about 14 hours. Her neck brace and medication were confiscated and not returned during that period. The pain the plaintiff suffered from lack of medication and neck brace was not a serious …
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
Massey v. Galley, MD, SJ Memo & Order, FOIA PIA censorship, 2007 IN THE CIRCUIT COURT FOR ALLEGANY COUNTY, MARYLAND RICHARD MASSEY, JR. #190-754 Plaintiff v. CIVIL ACTION NO. C-02-20975 JON GALLEY, WARDEN Defendant MEMORANDUM AND ORDER Before the Court are the parties Cross Motions for Summary Judgment. The Court …
Maryland’s Public Information Act Exempt from Administrative Exhaustion Requirements by Maryland's Public Information Act Exempt from Administrative Exhaustion Requirements The Maryland Court of Appeals has held that a prisoner is not required to exhaust administrative remedies to bring an action under the Public Information Act. Before the Court was a …
Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Still More Murder and Mayhem in Maryland by Michael Rigby "Lock them up and throw away the key." Like the rest of the nation, this overriding penal philosophy in Maryland has led to a criminal justice system that is defunct at every level. The state's adult prisons are "in crisis." …
Maryland Sentence Reduction Rule Violates Ex Post Facto Clause by The Maryland Court of Appeals has struck down an administrative regulation amending another regulation to deny previously authorized sentence reduction credits for certain categories of prisoners. In January of 2002, Quinton Demby, Jesse Baltimore, Kenneth Woodall, Daniel Falcone, and Earl …
Maryland Disciplinary Rules Violate APA by The Maryland Supreme Court invalidated prison disciplinary ?directives? because they were not adopted in conformity with the State Administrative Procedure Act (APA). Under the Maryland APA, all state agencies must follow certain procedures when adopting ?regulations? as defined by the APA. The APA excludes …
Problems Continue In Maryland Prisons and Jails by Michael Rigby A battle is raging in Maryland over how best to improve prison safety. Some advocate hiring more guards and medical personnel. Others want to expand prisoner rehabilitation services. Neither side seems to be considering the possibility that both are needed. …
CONMED Not Using Licensed Nurses In Maryland Jail by Attempts to get jail medical services on the cheap may have backfired for Marylands Queen Anne County. CONMED, a private jail medical services company, has a contract to provide medical services at the countys 80-bed jail and 11 other Maryland jails. …
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility by A former social worker with the Baltimore public defenders office in Maryland, who said she was raped by a 15-year-old boy she was a visiting at the Charles H. Hickley, Jr. School settled a civil lawsuit on …
Petty Stone Cold Kickbacks KO Government Employees Nationwide by by Mark Wilson Stone Cold Chemicals, (SCC), sells cleaning products to government agencies, and it is really cleaning up. Company founder Thomas Stone admits to training his sales force to offer premiums (i.e., bribes and kickbacks) to government purchasing agents to …